TERMS AND CONDITIONS OF SALE TO CONSUMERS
Bennett Natural Products
1 The Contract
1.1 The form which is shown on this web site and which you fill in and send to us electronically is an offer to purchase the goods or, if you order the goods by telephone, information you give to our telephone operators is an offer to purchase the goods. We will confirm that your order has been accepted by sending an e-mail to you at the e-mail address provided by you in your order form. Please note that our acceptance of your order brings into existence a legally binding contract between us. We reserve the right to choose to not enter into a contract with you. We also reserve the right to cancel the contract prior to delivery at our discretion in the circumstances set out in 1.2.
1.2 If we have accepted an order we may cancel the order if:
(a) we have insufficient stock; or
(b) the specification or price listed does not comply with the specification and price as at the date of despatch; in such circumstances we will offer you, an alternative product (if available) or, if an alternative product is not available or not desired by you shall give you a full refund in which case any fund which has been debited by us from your credit or debit card will be re-credited to your account.
1.3 We shall not be obliged to offer you any additional compensation for disappointment suffered as a result of cancellation referred to above.
1.4 We accept payment by the following methods:
(a) the following major credit or debit cards - All Visa affiliated cards, Mastercard, Switch, Delta, American Express and JCB. When you pay by major credit or debit card you must complete payment verification online via the Netbanx site as indicated on our website. In each case our acceptance of your order is conditional upon Netbanx confirming acceptance of your personal and card details in relation to the relevant transaction.
2 Price
2.1 The prices payable for the goods are set out in our website. All prices include VAT where appropriate.
3 Delivery of goods
3.1 Using The Royal Mail Special Delivery Service. We shall deliver the goods ordered, to you at the address you give us for delivery on your order form.
3.2 You will become the owner of the goods when they are delivered to you or when we have received payment in full from you, whichever is the later. From this point, or, if earlier, from when they are delivered to you, you shall hold the goods at your own risk and we shall not be liable for their loss or destruction.
3.3 Goods will normally be delivered within 14 days from receipt of order.
4 Withdrawal from the Contract
4.1 Up until the end of the seventh working day after the day on which the goods are delivered to you, you may withdraw your order for goods provided they remain unopened and the seal intact. You are not obliged to give us any reason for withdrawing your order and you shall not be obliged to pay any penalty for doing so provided you return them in the same condition they were sent out to you and you return them using Royal Mail Special Delivery Service at your own cost.
4.2 In order to withdraw your order in accordance with this paragraph, you must notify us in writing at the address set out on the order form.
4.3 Where you withdraw your order, then you must return the goods to us at your own cost and risk in the event that you are already in possession of the goods. Where you withdraw your order before receiving the goods, but following their despatch, you must not unpack the goods from their sealed package on receipt, but must immediately send the goods back to us.
4.4 Insofar as you notify us that you are withdrawing from the order, and provided that the relevant goods are returned by you and received by us in the same condition that they were in when delivered to you, we agree to re-credit to your account as soon as possible upon receipt of the goods (and in any event within 14 days of receipt of the returned goods) any sum debited from your credit card in respect of those goods less the cost of post and packaging. Where the goods have not been despatched to you, we agree to make any such refund within 30 days of the date on which we received notice of your wish to cancel your order.
4.5 You agree that between the date of withdrawal and the date on which you return the goods to us, you shall take reasonable care of the goods.
5 Liability
5.1 Whilst we will take all reasonable care to ensure that details of your order and credit card information are secure, we shall not be liable for any losses you may suffer as a result of a third party gaining unauthorised access to this information, save where it can be shown that we have been negligent.
5.2 If the goods we deliver are incorrect, damaged or defective in any way, we shall have no liability to you unless you notify us in writing within 10 working days of delivery at the following address Bennett Natural Products, Enterprise House, Richmond Hill, Pemberton, Wigan, WN5 8AA
5.3 If we fail to deliver the goods within 30 days of order, we shall not be liable to you for such non-delivery unless you notify us in writing within 40 days of the date of order at the address given above.
5.4 Should you notify us of a problem under clauses 5.2 and 5.3 of this paragraph, then we shall, at our option, make good any non-delivery, or replace or repair any damaged or defective goods, or refund you the price paid for the goods in question.
5.5 We shall not be liable to you for any special, indirect or consequential loss or damage which arises out of any of the problems referred to above
5.6 We shall not be obliged to pay you any money by way of compensation for any losses other than in respect of refunding you the amount paid for the goods.
5.7 These exclusions of liability shall not apply to any loss or damage which arises from death or personal injury caused by our negligence.
6 Intellectual Property
6.1 All brand names, product names and copyrights used on our website are trademarks, trade names or copyrights belonging to us. We do not permit their use by any other person than us and such use may constitute an infringement of our rights.
7 General
7.1 If any provision of these conditions is unlawful, void or for any reason unenforceable, it shall not affect validity and enforceability of any other part of these conditions.
8 Entire Agreement
8.1 These terms and conditions, together with the pricing details and order form contained on this website, comprises the whole of the agreement between you and us and cannot be varied unless we agree to do so in writing.
9 Governing Law
9.1 The contract shall be governed by and construed in accordance with English law. The English courts shall have jurisdiction to resolve any disputes arising.
Bennett Natural Products
Enterprise House
Richmond Hill
Pemberton, Wigan
WN5 8AA
Tel: 01257 251468
