Terms & Conditions
SEA CBD LIMITED TERMS & CONDITIONS JANUARY 2019
Please read these Terms and Conditions of use carefully before submitting an order for any products.
Please do contact us if you have any questions:
By email: firstname.lastname@example.org
By telephone: 0203 858 9490 (UK) +44 203 858 9490 (Overseas)
By post: Sea CBD Limited, 71 – 75 Shelton Street, London, WC2H 9JQ
When you place an order on www.sea-CBD.com ("the Website") you are subject to the terms and conditions set out below. By submitting an order on the Website, you ("the Customer") agree and accept to be bound by these conditions. These conditions are in addition to your statutory rights as a consumer and shall govern the contract to the exclusion of any other terms or conditions.
Please be aware that until your order is accepted the company reserves the right to vary these conditions from time to time. Once the order has been accepted no variation to the conditions shall be binding unless agreed in writing between the Customer and an authorised representative of the company. Any reference in the conditions to writing shall include facsimile and e-mail.
'Contract' means contract for the sale and purchase of the Goods which is binding on both parties.
'Conditions' means these standard terms and conditions of sale set out in this document and includes any variations agreed in writing between the parties.
'Company' means Sea CBD Limited, company registration number 11540508.
'Customer' means you, the consumer.
'Despatch Date' means the date we despatch the Goods.
'Delivery Date' means the date you receive the Goods.
'Goods' means the products available for selection on the Website.
'Order' means any order you place for the supply of Goods by us and those which you select and list in the virtual shopping cart as those which we are to supply to you under the Contract.
' Payment Card' means your credit or debit card to be used as the method of payment for the Goods, details of which you have provided to us when placing the order.
'Total Price' means the total Price of all of the Goods selected and deposited in your virtual shopping cart on the Website and payable by you.
'Price' means the price of each of the Goods as set out next to the relevant Goods on the relevant page of this Website.
'Registered Office' means the registered office of Sea CBD Limited whose address is Sea CBD Limited, 71 – 75 Shelton Street, London, WC2H 9JQ
'Website' means the Company's website known as www.sea-CBD.com
'Working Days' means the hours between 0900 hours and 1800 hours (UK local time) Monday to Friday, excluding Saturdays, Sundays and public holidays.
Whilst Sea CBD Limited uses reasonable efforts to include accurate and up to date information and images of the Goods on this Website, it makes no warranties or representations as to the accuracy or reliability of such information or material linked to or from this Website. The information provided on this Website is for guidance only and it does not constitute medical advice. If in doubt, before undertaking any strenuous exercise or course of food supplements you should seek medical advice from your doctor. Sea CBD Limited accepts no liability or responsibility for the content of this Website except in relation to death or personal injury caused by its negligence or which cannot otherwise be excluded by law. Food supplements should be taken in conjunction with, and not as a substitute for, a healthy lifestyle and balanced diet.
1.1 You shall place an Order for Goods on the Website. We shall confirm acceptance of your Order in writing and will supply the Goods to you in accordance with these Conditions.
1.2 If we are unable to accept the Order, we will inform you of this and will issue you a refund for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because hawse have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
1.3 We supply the Goods to you for your own private and domestic use and not for resale or any other commercial purpose and by submitting the Order you agree that:
1.3.1 you will not either directly or indirectly export or resell the Goods or any product incorporating the Goods; and
1.3.2 you are purchasing the Goods as a consumer for your own private and domestic use only.
1.4 If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business or loss of business opportunity.
2.1 In submitting an Order for the Goods you are confirming that you are not a minor and are over the age of 18 (eighteen) years old.
2.2 In submitting an Order for the Goods you acknowledge that:
2.2.1 all information relating to the Goods and any material produced by us on our Website is supplied in good faith;
2.2.2 the images of the Goods on the Website are for illustrative purposes only and that variations in a device’s monitor and printer capabilities means that the colour and dimensions of the Goods on the Website may vary slightly from the Goods supplied to the you under the Contract; and
2.2.3 although we make every effort to be as accurate as possible, all measurements indicated on the Website have a slight variance and because the Goods are a natural product, the colour, scent or flavour of the Goods is therefore subject to natural variations.
2.3 Our rights to make changes: we may make changes to the Goods, these Conditions, or to any quote, sales literature or other document or information issued by us or placed upon the Website as follows:
2.3.1 minor changes to reflect changes in relevant laws and regulatory requirements;
2.3.2 minor changes to implement minor technical adjustments and improvements. These changes will not affect your use of the Goods;
and these changes may be corrected without any liability to the Company.
2.4 Our rights to make significant changes: we may make significant changes to the Goods or these Conditions as follows:
2.4.1. to the Price, which may be due to an increase in the cost to us, such as foreign exchange fluctuation, alteration of import and export duties or any other material increase in the costs of the Goods to us;
2.4.2. to the specification of the Goods to conform with any applicable statutory or European Union requirements
Where these changes take place after the date of acceptance of the Order, we will notify you and you shall have the option to cancel the Order and receive a refund of the Total Price.
3. Cancellation Rights
3.1 You have the right to cancel the Contract as follows:
3.1.1 if the Goods are faulty or misdescribed you may have a legal right to end the Contract and obtain a refund or have the Goods replaced (see clause 10.3);
3.1.2 if we have informed you of an upcoming change as follows, you may end the Contract and will be refunded in full for any Goods ordered (see clause 3.2):
(i) a change to the Goods or these Conditions as described in clause 2.3;
(ii) we have informed you of an error in the price or description of the Goods;
(iii) there is a risk that the supply of the Goods may be significantly delayed because of events outside of our control; or
3.1.3 you have changed your mind about the Goods, you may be able to get a refund within the cooling-off period (see clause 3.3).
3.2 If you are ending the Contract for a reason set out at clause 3.1.2 the Contract will end immediately and we will refund you in full for any Goods which have not been provided.
3.3 You have a legal right to change your mind within 14 days of the Delivery Date and receive a refund of the Price (excluding delivery costs), provided that:
3.3.1 the Goods have not been damaged; and
3.3.2 the seal on the Goods, which is there for health protection or hygiene purposes, has not been unsealed.
If the Goods have been damaged or are unsealed then you will not be entitled to a refund.
3.4 If you cancel the contract for any reason after the Goods have been dispatched, you must return them to us. Please contact us by email at email@example.com BEFORE returning the Goods and we will provide details for the return. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us that you wish to end the Contract.
3.4 We shall pay the costs of returning the Goods to us by the same method as they were delivered.
3.5 We will refund the Total Price paid for the Goods, including delivery costs, to your Pay Card as soon as reasonably possible.
4. Price and Delivery Charges
4.1 Subject to clauses 2.2 and 2.3 the Price of the Goods and Conditions governing this Contract shall be the Price and Conditions quoted on the Website on the date of acceptance of the Order by us.
4.2 For all Mainland UK Orders the Total Price of the Goods includes Royal Mail 24h Tracked post at a cost of £3.93 per order. For Orders where your address is outside Mainland UK you will pay the international delivery charges as quoted on the Website on the date of submission of the Order Form.
4.3 The Price for the Goods is inclusive of any applicable value added tax, which you shall be liable to pay to us. Please see delivery & returns Policy for full details here.
5. Price Guarantee
If within seven Working Days of payment for the Goods you serve written notice on us confirming with evidence that you could have purchased identical goods offline in a non-e-commerce transaction at a lower retail price (excluding sales, promotions or discount prices offered by other retailers or wholesale outlets) than the Price (excluding any applicable delivery charges) of the Goods when ordered, we shall refund the difference in the retail price of the Goods to the Payment Card account used for payment by you.
6. Payment Terms
6.1 Payments shall be made by your Payment Card on the date on which the Order is accepted by us.
6.2 Credit cards accepted by us are those listed on the Website on the date on which the Order is accepted by us.
6.3 Upon providing us with details of your Payment Card and submitting the Order, you represent, warrants and undertake that:
6.3.1 the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card and authorise us to deduct payment from your Payment Card account as payment in full for the Price of the Goods and all other payments which may become due to the us under the Contract including but not limited to delivery charges pursuant to clause 4.2;
6.3.2 you are not a minor and are over the age of 18 (eighteen) years old; and
6.3.2 that you are acting as a Consumer and are not purchasing the Goods in the course of or as a business or on behalf of a third party for resale.
7. Despatch and Delivery
7.1 Every reasonable effort will be made by us to ensure the Goods ordered are despatched to the address provided within 1 Working Day of the acceptance of the Order by the us.
7.2 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any reasonable delay in delivery of the Goods. Where the delivery of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods paid for but not received.
7.4 If you do not take delivery of the Goods or fails to give us adequate delivery instructions then we may store the Goods until actual delivery and charge you for our reasonable costs (including insurance) of storage and re-delivery. We shall not be liable to you for any loss, damage or deterioration of the Goods during storage.
7.5 Where you do not take delivery of the Goods under clause 7.4 and fail to re-arrange delivery within a reasonable time, we may cancel the Contract. If this applies, we will refund any money you have paid in advance for the Goods less its reasonable costs incurred as a result of you breaking the Contract.
7.6 Where delivery is otherwise than at your billing address, you shall be liable for additional delivery and insurance charges.
7.7 If you order Goods for delivery outside of Mainland UK, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. Please note that you will be responsible for payment of any such import duties and taxes.
7.8 If you are ordering these Goods from outside of the United Kingdom, you are responsible for ensuring that import of the Goods complies with all applicable laws and regulations of the country for which the Goods are destined.
8. Risk and Ownership
8.1 Risk of damage or loss of the Goods shall pass to you on delivery or, if you fail to take delivery of the Goods, the time when we or our agent has used its reasonable endeavours to deliver the Goods.
8.2 Subject to the provisions of clause 3 and sub-clause 8.1 ownership in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the Price of the Goods and all other Goods agreed to be sold by us to you for which payment is then due.
10. Warranties and Liability
10.1 We do not exclude or limit liability to you where it would be unlawful to do so. Nothing in this clause 10 shall exclude our liability for death or personal injury caused by our negligence, for fraud, fraudulent misrepresentation or for breach of your statutory legal rights.
10.2 If you have any complaints about the Goods, please inform us. We are under a duty to supply Goods in conformity with this Contract and in accordance with your key legal rights as set out in the Consumer Rights Act 2015, including in respect of ensuring that all Goods will correspond with the Order at the Despatch Date and will be free from defects on delivery.
10.3 If we are in breach of the warranty contained at clause 10.2 above, you shall advise us in writing immediately and in any case not later than 30 working days from the Delivery Date or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time from the date of discovery of the defect.
10.4 On receiving a notice under clause 10.3 above, we will:
10.4.1 replace the defective Goods; or
10.4.2 refund the price of those Goods which are defective.
10.5 The Goods are sold as food supplements and are not recommended as fit for any particular purpose or health benefit.
10.6 We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
12.1 We may terminate this Contract and may cancel or suspend Orders if you:
12.1.1 fail to make payment of the Total Price plus any applicable postal and handling costs on the date of the Order; and
12.1.2 are in breach of these Conditions.
12.2 On termination for the reasons set out in this clause we will refund any money you have paid in advance for Goods it has not provided but it may deduct or charge reasonable compensation for the net costs, expenses (including legal and other fees incurred), arrears, charges, or other payments incurred as a result of you breaking the Contract.
13. Withdrawal and Use of Goods
13.1 We may withdraw the sale or distribution of any Goods produced by or generally supplied by us without prior notice, or liability, to you.
13.2 Where we provide you with product information (including but not limited to labelling) about any conditions, recommendations or warnings necessary to ensure that the Goods will be safe you agree to use the Goods accordingly.
13.3 Subject to clause 10.1 we shall not be liable for injury or loss suffered by you where you fail to follow our conditions, instructions or recommendations.
13.4 For the avoidance of doubt the exclusion referred to in Clause 13.2 includes but is not limited to circumstances where you exceed the recommended daily intake in respect of each product.
15. Acceptance of Conditions
By placing an Order, you acknowledge that you have agreed to the incorporation and acceptance of these Conditions.
16. Additional Rights
Nobody else has any rights under this Contract. This Contract is between us and you. No other person shall have any rights to enforce any of its terms.
If we delay in enforcement of our rights against you under this Contract, we can still enforce those rights at a later date.
If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19. Governing Law
These Conditions are governed by English and Welsh law and you can bring legal proceedings in respect of the Goods in the English and Welsh courts.