This website, www.megamoringa.co.uk (the Website), is operated by Green Diamond Organics Ltd, trading as “Mega Moringa” (we/us). These terms and conditions (the Terms), govern your use of the Website. By using the Website, you accept these Terms in full. If you disagree with any part of these Terms, do not use the Website.
INTELLECTUAL PROPERTY RIGHTS
The Website and all intellectual property on the Website (“Content”) are the sole and exclusive property of us or our licensors. You may view the Website on your computer screen and print its contents on your printer for personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content. Without our written consent, you may not use, transfer, adapt, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading. You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content. All Contents of this Website are © Green Diamond Organics Ltd.
LICENCE TO USE THE WEBSITE
Provided you are eligible to use the Website, you may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions below. You must not without our express written consent: republish material from the Website (including republication on another website); sell, rent or otherwise sub-license material on the Website; reproduce (by downloading or uploading), duplicate, copy or otherwise exploit material on the Website for a commercial purpose. You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website. You must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website for any purpose related to marketing without our express written consent. You must not use the Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. You agree to indemnify us, our officers, employees or licensors in respect of any loss that we or they may suffer as a result, directly or indirectly of any breach by you of any provision of this section.
ORDERING GOODS FROM THE WEBSITE CREDIT CARDS
We accept the following credit and debit cards: Visa, Visa Debit, Visa Electron, Mastercard and Solo. We use Payment Sense as our card payment provider. Your credit card will be billed upon shipment of your order. Your credit card statement will show that your payment has been made to Green Diamond Organics Ltd. No financial information is stored on our site.
The technical steps required to form a contract between us and you are as follows:- You place the order for your products on the Website by choosing one of the payment options on the Checkout page. You will be guided through the process of placing an order by a series of simple instructions on the Website. We will send to you an order acknowledgement e-mail detailing the products you have ordered and where you wish the products in the order to be sent to. This is NOT an order acceptance from us; it is merely acknowledging that we have received your order and are considering whether to accept it (this is also regardless of what is said in any automatic email sent to you from the applicable payment company). Order acceptance and the entering into of a contract between you and us will take place as soon as we have dispatched the products to you. If we notify you that we do not accept your order, or do not reply to your order (which we will always endeavour to do, but cannot guarantee that this will always occur); then there will be no contract between us and you to sell you the products that you ordered. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. Non-acceptance of an order may, amongst other matters, be a result of one of the following: – the product you ordered being discontinued or unavailable from stock; – our inability to obtain authorisation for your payment; – the identification of a pricing or product description error.
PRICE AND PAYMENT
The price for the products shall be the price quoted for the time being on the Website. We reserve the right to make changes to products and their prices without prior notice. The price is inclusive of VAT (at the current chargeable rate) but is exclusive of any other duties and we may charge you in relation to the same, if required to do so by law or if we would otherwise have to pay the same should you fail to do so, in addition to the price (such additional monies shall be payable within 14 days of a request by us and paid using the method requested by us). Unless and until we have received confirmation that the price has been credited to our account on your behalf, we shall not be required to deliver the products. You agree that all details provided by you to us for the purpose of ordering or purchasing products are correct, that the credit or debit card you are attempting to use is your own and that there are sufficient funds to cover the cost of the products ordered.
With regards to all nutritional products, should you have any existing medical condition or be reasonably susceptible to the same, you should ensure that your doctor confirms that you are able to take the same prior to doing so. We do not accept any liability for personal injury caused directly or otherwise. This does not affect any legal rights you may have.
DELIVERY AND OUT OF STOCK PRODUCTS
Where products are in stock, orders are normally dispatched the next business day after the placing or the order (if an order is received on a Monday – Friday, excluding Bank Holidays; but not if we have placed a notice on the home page of our Website stating that deliveries will be delayed for any reason), provided that we have accepted an order from you to purchase products (and subject to payment). It may however take longer if we are awaiting stock from one of our suppliers. Time shall not be of the essence when delivering the products and such delivery may take longer than 30 days in rare cases. We will endeavour to deliver the products as soon as is reasonably practicable for us to do so. Delivery of the products shall be made to your address given to us via the Website and will normally be sent 1st class recorded royal mail. If you would like us to deliver to an alternative address, you should inform us of the same (be we may refuse this request). Delivery charges to UK addresses will be stated on the checkout page on the Website. Delivery charges to addresses other than in the UK will have to be agreed separately between you and us. You shall make all arrangements to take delivery of the products whenever they are tendered for delivery by or on our behalf. Delivery of the products shall be deemed to be made (and received by you) on arrival of the products at your stated delivery address, whether or not you are there to physically collect the same at that time and risk in the products shall thereupon pass to you. There may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. We shall try to keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment (and if we so inform you, you may cancel your order at any time prior to shipping).
You have a right to cancel a contract between us, which is subject to these Conditions, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (subject to the terms below). Please note that the right to return products does NOT apply to any products made to your specification. We will notify you as to whether or not products will be made to your specification on the Website, or otherwise. If you are in doubt about this, you should contact us to discuss. The cancellation period will expire after 14 days from the day on which you acquire physical possession of the goods. To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement (e.g. letter, fax or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning the right to cancel before the cancellation period has expired. If you cancel the contract, we will reimburse to you all payments received from you, including any delivery costs (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (other than what is necessary to establish the nature, characteristics and functioning of the goods). We will make the reimbursement without undue delay and not later than – – 14 days after the day we receive back from you any goods supplied, or – (if earlier) 14 days after the day you provide evidence that you have returned the goods, or – if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement. You shall send back the goods or hand them over to us, at our address, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send or hand back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods. You must return the products to us, in their original condition (with all labels and packaging intact). We recommend you to obtain proof of postage, as we shall not be held responsible for products lost in transit. We also provide a 30 day no quibble return policy, in addition to any legal rights you may have. You may, but do not have to, use the following words in your cancellation form: To – name of address of supplier and appropriate contact details I hereby give notice that I cancel the contract of sale of the following goods [enter details], ordered on/received on [enter details]. Your name: Your address: Date:
DISCOUNTS & PROMOTIONS
All online discounts are not valid in conjunction with any other offer. Discounts codes are non-transferrable and cannot be exchanged for cash. We reserve the right to terminate any discount without notice.
LIMITATIONS OF LIABILITY
The information on the Website is provided free-of-charge. You agree that you use the Website entirely at your own risk. Whilst we endeavour to ensure that the information on the Website is correct, we make no warranties, whether express or implied in relation to its suitability, reliability, completeness or accuracy for any purpose; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date. We acknowledge that we may be liable for direct and foreseeable losses arising from our acts or omissions in connection with the Website. However, in all other circumstances we shall not be liable for any damages whatsoever, including but without limitation to, loss of or damage to property, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services or for any information obtained through the Website, or otherwise arising out of the use of the Website or interactions between users of the Website (whether online or offline), whether based on contract, tort (including negligence), or otherwise, without limitation, even if we have been advised of the possibility of damage. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. If you are dissatisfied with any portion of the Website, or with any of these terms and conditions, your sole remedy, except as specifically provided in these terms and conditions, is to stop using the Website.
We may revise these terms and conditions from time-to-time and without individual notice to you. Please check this page regularly to ensure you are familiar with the current version. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
VIRUS PROTECTION AND COMPATIBILITY
While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Website is virus-free and secure. We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. We do not give you warranties as to the compatibility of the Website with your computer systems, software and/or hardware. ENTIRE AGREEMENT These Terms & Conditions constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
A failure or delay by us in enforcing compliance with these terms and conditions shall not be a waiver of that or any other provision of these terms and conditions. If any of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. None of these terms and conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the law of England and Wales, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
“Mega Moringa” is a trading name of Green Diamond Organics Ltd. Registered in England No. 10362368 Registered address: 73 Ruskin Drive, St Helens, Merseyside, United Kingdom, WA10 6RW.
OUR CONTACT DETAILS
If you have any questions about these terms and conditions, please write to us by email to firstname.lastname@example.org or by post at the address above.