The Buyer shall be prepared to accept receipt of goods as detailed by notifications sent by the Seller either independently or via DPD detailing the specified time window and date. All orders placed on the website before 3pm (Monday – Friday) will be sent out for next working day delivery via DPD. This excludes weekends, bank holidays and any other local holidays whereby delivery services may be restricted. All orders are always sent out on a next working day service subject to location. Saturday delivery, which has an additional charge, can be requested if an order is placed on Friday. We use Royal Mail Next Day Saturday Guaranteed for Saturday deliveries. Changing the delivery address on the DPD app on the day the parcel is due to be delivered may delay the order in getting to you in time. We will not hold any responsibility to delayed orders caused by third party delivery couriers.
The Buyer will be notified upon the creation of shipment via email and/or text. If the Buyer is unable to receive the goods upon the first delivery attempt, the buyer will accept liability for the goods hence forth.
The Seller may dispatch the order in more than one delivery and the Buyer will be notified on the day the order is placed. This may be due to a shortage of stock or other factors which will be communicated to the Buyer prior to shipping any orders. Upon occasions where the order is shipped in more than one shipment, each shipment shall be treated as separate contract of its own accord. Failure by the Seller to deliver one or more parts of the order in separate delivery schedules in accordance with these conditions, or any claim by the Buyer with respect to any part of the order which has been shipped in separate deliveries, shall not permit the Buyer to treat the contract as a whole as rejected.
The Seller is under no obligation to recompense the buyer for any losses suffered as a result of a failure to receive goods on the first delivery attempt by the delivery courier in accordance with the terms and conditions. The buyer, for the purpose of this policy, is defined as the individual who places an order, pays for the order or signs for the order.
If the Buyer refuses or fails to accept delivery of the goods delivered in accordance with the terms and conditions or fails to take any necessary action on its part for the delivery to be successfully completed, whereby the delivery may be part of the order placed or the order in full, the Seller shall be entitled to terminate the contract with immediate effect, to dispose of the goods in accordance with the Seller’s policy and to recover any loss or associated costs with conducting the above from the Buyer.
The Seller shall not be held liable for any goods including cold chain goods once they have been collected by a third party courier on behalf of the Buyer or if the Buyer has amended the delivery instructions once the goods have been dispatched as they have the option to do so and the goods have been delivered to an alternative location or place as requested by the Buyer. This will include, but is not limited to; pick up shop, safe place, neighbours etc. The Buyer shall ensure that any third parties authorised on their behalf to accept deliveries have been informed of an incoming delivery and are adequately prepared to accept the goods. This includes informing them as to how to store the goods in the correct conditions upon receipt.
Risk and Title
Risk of damage to goods and or loss of goods shall pass to the Buyer under following circumstances:
- in the instance of goods to be delivered to the Buyer’s address
- in the instance the Seller notifies the Buyer that the goods are available for delivery via a third party courier
- in the instance the goods are to be delivered to the Buyer
- in the instance of the time of delivery. This includes if the Buyer fails to take delivery of the goods upon the time when the Seller has presented delivery of the goods.
- Notwithstanding delivery and the passing of risk, title of the goods shall not be passed to the Buyer until the Seller has received payment in full of the agreed price of the goods that are ordered and delivered either in cash, via card payment or bank transfer. This includes all other amounts owed by the Buyer to the Seller under these conditions
Until such a time as to the title in the goods being passed to the Buyer, the Buyer shall hold the goods on the Seller’s behalf as the Seller’s guardian and shall not relieve itself of its duties with regards to the possession of the goods as follows:
- Goods are to be properly stored in accordance with the manufacturer’s instructions.
- Goods are to be stored in an appropriate manner as to prevent it from damage or deterioration in any way.
- Goods are to be protected and insured of its own accordance as being the Seller’s property stored in the Buyer’s premises.
- Goods are to be kept separate to any other goods stored in the same location.
- Goods are not to be traded, utilised or offered in any service as part of the Buyer’s trading
If the Buyer fails to abide by the above, all monies owed to the Seller by the Buyer will immediately become due and payable.
Until the title of goods has been passed to the Buyer, the Seller shall be authorised at any time to require the Buyer to deliver the goods to the Seller. Failure of the Buyer to do so immediately will entitle the Seller to enter any premises of the Buyer or any third party premises whereby the goods may be stored and to inspect and repossess the goods. Any costs incurred by the Seller having to conduct this exercise will be billed to the Buyer and payable upon receipt of the bill.
Any rights the Buyer may have to possession of the goods shall immediately cease in any event if:
- any sum of monies owed to the Seller, whether in respect of the goods or services, is not paid to the Buyer by its due date
- the Buyer is in breach of contract of contract, relating to goods or services, with the Seller.
In the period the Buyer is in possession of the goods with the Seller’s consent (but not otherwise and the title of goods has not yet passed to the Buyer), the Buyer may in the regular course of its trading business sell the goods on the condition that:
- The Seller will not enter any legally enforceable contractual relationship with the Buyer’s customer and will be free of any liability to the customer or any third party.
- The seller will act as an agent on behalf of the Seller but in an independent capacity of its own accord.
- Proceeds from sales will be held on trust for the Seller.
- All prescription items and POMs are excluded from being saleable under any circumstance.
The Seller shall return any monies received by the Buyer in relation to the sale of goods if the amount received is in excess of the monies owed to the Seller by the Buyer.
The Seller shall have the right to bring legally enforced action against the Buyer for the price of the goods sold to the Buyer in the event of non-payment once the payment date is overdue regardless of the goods being in the possession of the Buyer even though the title of goods have not yet passed to the Buyer from the Seller. This includes the Seller having the right to pass property in the goods to the Buyer having given notice from its payment due date.
The Seller warrants that the goods supplied shall be of satisfactory quality and shall correspond with any specification at the time of delivery. All other conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are excluded to the fullest extent permitted by law.
The Seller’s sole obligation in relation to defective goods shall be at its own option to make good any non-delivery of goods and/or appropriate to replace any goods found to be damaged or defective and/or to refund the cost of such goods to the Buyer. This is at the Seller’s discretion and will only be done upon agreement with the Seller. The Seller’s decision with respect to the above is non negotiable.
The Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the price paid by the Buyer for the goods in respect of any occurrence or series of occurrences.
The Seller shall not be liable to the Buyer:
- for defects in the goods caused by abnormal or unsuitable conditions of storage including the manner in which goods are loaded and moved within the warehouse or any other storage facility by delivery couriers or use by, or any act, neglect, or default of the Buyer or any third party
- for defects in the goods or discrepancies in delivery, unless notified to the seller within 24 hours of receipt of the goods by the Buyer, or where the defect would not have been apparent on reasonable inspection, within 12 months of delivery
- for defects in the goods arising from any drawing, design or specification supplied by the Buyer; or for goods disposed of by the buyer without the express consent of the seller or if the total price of the goods has not been paid
- unless the Buyer with the Seller’s prior authorisation, returns alleged defective goods, freight prepaid to the Seller’s point of shipment; or
or an indirect or consequential loss or damage (whether for loss of profit, revenue, goodwill or any economic loss including physical damage or otherwise), costs or expenses suffered by the Buyer, howsoever caused.
Nothing in these conditions shall exclude or limit the Seller’s liability for death or personal injury caused by its own negligence.