Terms & Conditions
These Terms and Conditions regarding your use of the Bio-vitality.com website and your relationship with Bio Vitality Ltd. Please read carefully as they affect your rights and liabilities under law. If you do not agree to these Terms and Conditions, please do not register for or use the Bio-Vitality.com web site. Please note that to use any of the services provided on the Bio site, you are required to register as an authorised user on the site.
1. Use of the Bio-Vitality.com Site
The Bio-Vitality.com Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Bio-Vitality.com Site you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Amendments
We may update these Terms and Conditions from time to time and any changes will be notified by a suitable announcement on the Bio-Vitality.com site. The changes will apply to the use of the Bio-Vitality.com Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Bio-Vitality.com Site. If you continue to use the Bio-Vitality.com Site after the date on which the change comes into effect, your use of the Bio-Vitality.com Site indicates your agreement to be bound by the new Terms and Conditions.
3. Registration
To register with Bio-Vitality.com you must be over eighteen years of age.
It is your responsibility to ensure that the details provided by you on registration or at any time are correct and complete.
Please inform us immediately of any changes to the information by updating your personal details.
4. Password and Security
When you register to use the Bio-Vitality.com Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services immediately.
If Bio-Vitality.com has reason to believe that there is likely to be a breach of security or misuse of the Bio-Vitality.com Site, we may require you to change your password or we may suspend your account.
5. Refunds on Promotional Offers
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
6. Excluded Services
We shall not be liable for any telephone or other costs that you may incur in the course of doing business with Bio-Vitality.com.
7. Intellectual Property
The content of the Bio-Vitality.com Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Bio-Vitality.com Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Bio-Vitality.com Site without written permission from Bio-Vitality.com.
No licence is granted to you in these Terms and Conditions to use any trade mark of Bio-Vitality.com or its affiliated companies.
8. Limitations
You may not use the Bio-Vitality.com Site for any of the following purposes:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person's use or enjoyment of the Bio-Vitality.com Site
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or web sites connected to the Bio-Vitality.com Site
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of the Bio-Vitality.com Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the Bio-Vitality.com Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Bio-Vitality.com Site by you.
9. Availability of the Bio-Vitality.com Site
Although Bio-Vitality.com aims to offer you the best service possible, Bio-Vitality.com makes no promise that the services at the Bio-Vitality.com Site will meet your requirements. Bio-Vitality.com cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to Customer Services or by email at webmaster@Bio-Vitality.com and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Bio-Vitality.com Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Bio-Vitality.com will attempt to restore the service as soon as it reasonably can.
10. Bio-Vitality.com Right to Suspend or Cancel Your Registration
Bio-Vitality.com may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Bio-Vitality.com Site.
The suspension or cancellation of your registration and your right to use the Bio-Vitality.com Site shall not affect either party's rights or liabilities.
11. Bio-Vitality.com Liability
The Bio-Vitality.com Site is provided by Bio-Vitality.com without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
Bio-Vitality.com will not be responsible for any errors or omissions or for the results obtained from the use of the information provided on the Site or forany technical problems you may experience with the Bio-Vitality.com Site. If Bio-Vitality.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Bio-Vitality.com Site with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the Bio-Vitality.com Site
unsuitability, unreliability or inaccuracy of the Bio-Vitality.com Site
inadequacy of the Bio-Vitality.com site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Bio-Vitality.com Site.
Nothing in these Terms and Conditions shall exclude Bio-Vitality.com's liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
12. Third Party Websites
As a convenience to Bio-Vitality.com customers, the Bio-Vitality.com Site includes links to other web sites or material which are beyond its control and its responsibility, all such links should be used at your own discretion and only in conjunction with the terms and conditions relevant to the link site.
13. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Bailiwick of Guernsey and any disputes will be decided only by the Guernsey courts.
14. International Use
Bio-Vitality.com makes no promise that materials or products on the Bio-Vitality.com Site are appropriate or available for use in locations outside the Bailiwick of Guernsey.
15. Delivery
Delivery is normally within 7 working days of placing your order. Despatch will be made to the address specified by you on the completed order form. We accept no liability for loss caused by an incomplete or incorrectly stated delivery address.
All prices shown on our website include delivery - therefore, the price you see is the price you pay. However,due to escalating banking and postal costs we have introduced the splitting out of costs for shipping and handling. This is visible on your final order (by internet) and invoices provided on despatch.
Packets containing single items are dispatched individually to facilitate a letter box friendly service. They are despatched to you by Guernsey Post/Royal Mail from Guernsey.
The customer is considered to be the importer of record. Bio Vitality does not charge VAT or taxes. Any taxes or duty, where relevant, are the responsibility of the customer. This is true for any purchases made outside the EU.
All items are packaged as supplements, body cream or medical supplies in secure padded envelopes. Bio Vitality fully respects your privacy.
16. Price & Payment
Prices are subject to change without notice. The price payable by you is the price of the product displayed on the website at the time of placing your order.
Payment is taken on line at the time of placing your order. In order to minimise the risk of fraud your credit/debit card details will be encrypted. Authority for payment is given at the time an order is placed. There are no surcharges for use of credit/debit cards.
In the event of your ordered goods being out of stock, we will contact you to advise the anticipated delivery time and ask you whether you wish to continue with the order.
All prices are advertised free of tax (currently zero) unless otherwise stated.
17. Quality Control
Quality is an important word at Bio Vitality and so we only work with the best providers. We guarantee the quality, purity and potency of our products. You can be sure that your purchases are of the best quality and that we provide you with the highest quality of health shopping experience.
18. Availability
All products (including free gifts) are subject to availability while stocks last. We reserve the right to withdraw any products from sale without incurring liability.
19. Cancellation, Changes and Returns
Please notify us of any cancellation of or changes to your order by calling 01481 736669. If your order has not been processed then it will be possible to cancel or amend it as requested. However, if the order has been processed and/or despatched you will be able to return the items for a full refund, less any shipping and handling charges as indicated on your invoice.
With regard to returns on hormone testing purchases, once a kit has been dispatched it is non-returnable for hygiene reasons. Therefore, only full refunds will be given on the laboratory testing and reporting elements of your purchase. There is a £10 charge for shipping, handling and the kit itself.
To enquire about returning a product to Bio-Vitality.com, please contact us at returns@bio-vitality.com and provide your name, customer order number and a brief description of the problem. We will then email to you detailed instructions on how to return your package us. Returned packages cannot be accepted without a returns number. Postage for the return of the goods is the responsibility of the customer.
Although a rare occurrence, you must inform us of any damaged parcels or breakages within seven days of receipt by using the enquiries telephone number (01481 736669). We will replace damaged goods or incorrect deliveries at no charge. We are unable to accept any claim made after the seven-day period has elapsed. You may be asked to return the product concerned for inspection.
20. Privacy
We will add your address to our mailing list for news, updates and promotions when you place an order with us. We collect personal data primarily to provide you with efficient customer service and we do not distribute our customer's details to other companies for marketing or other purposes.
21. Product and Health Information
Information provided should not be construed as medical advice. We advise customers to consult a qualified medical practitioner for any medical advice. All information is for educational purposes only.
No advice or information, whether oral or written, obtained by you through or from the web site or from our services will create any warranty not expressly stated in these terms and conditions. If you have any questions about the above, please contact us on customerservice@bio-vitality.com.
22. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Bio-Vitality.com ignores this, Bio-Vitality.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Bio-Vitality.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
The Bio-Vitality.com Site is owned and operated by Bio Vitality Limited a company registered in Guernsey, Channel Islands.
If you have any queries please contact Customer Services at customerservice@Bio-Vitality.com