Terms & Conditions
Last updated on November 13, 2019.
We are very keen for you to become a long-term customer and to recommend us to your friends, family and colleagues. We will do everything we reasonably can to exceed your expectations. These Terms and Conditions provide you with the contractual arrangements upon which we supply our Products to you, and for you to use our web site or other materials.
Please read these Terms and Conditions carefully before you place an Order to us as they contain important information about your legal rights, remedies and obligations.
By accessing our web site or purchasing our Products you agree to comply with and be bound by these Terms.
- INFORMATION ABOUT US AND HOW TO CONTACT US
We are Ellevance Sciences, a company registered in England and Wales. Our company registration number is 12194291 and our registered office is at 7 Queen Square, Bristol, United Kingdom, BS1 4JE (“us”, “We”, “Supplier”, “our”)
You can contract us by telephoning our customer service team at (44) 01271-817500 or by writing to us at [email protected].
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
- Products Provided:
We offer a range of food supplement Products. These include a proprietary hemp extract that contains cannabinoids and terpenes, including CBD, CBDA. Our hemp extract is blended to achieve the desired concentration and profile (the “Products”). These Products are available directly to consumers (“Customers” “Consumers”, “you”) who can Order through our web site, by calling us on our customer support hotline or by other means. We also provide our Products through wholesalers that include clinics, shops and health centres or any Customer who is an incorporated company which sells on to end users (‘Wholesalers’).
The specifications of our Products are detailed in the Products section of our web site and on our Product labels. The images of the Products on our website are for illustrative purposes only and we reserve the right to amend the specifications at any time to improve Product performance, optimize production requirements, and reflect the latest scientific understanding or to meet any applicable statutory or regulatory requirement.
- Order Acceptance:
Orders can be placed by Customers through our web site, by calling our customer support team or by other means made available by us (“Order”). Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your Order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Order.
We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit/debit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, We may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.
- Product Delivery:
We know how important it is for you to receive our Products quickly. We contract with a third-party shipping company to pick up Products from our facility and deliver to the address you provide. Please review our Shipping Policy for additional information.
Any dates quoted for delivery are approximate only. We shall not be liable for any delay in delivery of the Products. If we fail to deliver the Product within 30 days of purchase and you communicate your wish to withdraw the Order, our liability shall be limited to the actual cost already paid by you for the Product.
We will ensure that the Product shipments are accompanied by a delivery note that shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of Products, the price and any remaining balance on payment required and our contact information.
If our supply of the Products 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 minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
- Returns Policy:
We provide a Returns Policy for Customers that purchase directly from ElleVance Sciences Ltd. This includes end users and Wholesalers. If you purchased our Product from a Wholesaler, please contact them directly to enquire about any return policy they may have.
- Product Quality:
We follow stringent quality control standards throughout manufacturing and distribution to help ensure you receive a quality product. If you are not satisfied with your Product or have any questions about the product, please refer to our Returns Policy on our web site or contact our Customer Support team (Contacts are available on our web site).
- Price and Payment
The price of the Product will be the price indicated at our on-line shop or communicated to you when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, prices for our Products are subject to change without notice. We reserve the right to modify, suspend or discontinue a Product or service at any time. We shall not be liable to you or to a third party for any price change or Product modification, suspension or discontinuance.
The price of Products excludes value added tax (VAT) which the Customer pays to the Supplier. If the rate of VAT changes between your Order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
Customers shall pay in full before shipment of the Products unless otherwise agreed with the Supplier. If the Supplier agrees to ship prior to payment (e.g. for certain Wholesalers), then payment will be detailed in the invoice enclosed with the Product shipment or otherwise provided to the Customer. If the Customer fails to make any payment due to the Supplier by the due date for payment, then the Customer shall pay interest on the overdue amount at a rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. The Customer shall pay the interest together with the overdue amount.
The Customer will pay all amounts due in full without any set-off, counter-claim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable to the Supplier by the Customer.
- Guarantees and Warranties
Products are provided as shipped and we are under a legal duty to supply products that are in conformity with our contract with you.
- Product Title
A Product, which is goods, will be your responsibility from the time we deliver the Product to the address you gave us and you will own a Product (Product title shall pass), which is goods, once we have received payment in full.
If a Customer resells the Products in the ordinary course of business, the Customer does so as principal and not as the Suppliers Agent and title shall pass from the Supplier to the Customer immediately before the time at which resale occurs.
We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example;
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
- you do not, within a reasonable time, allow us access to your premises to supply the Services (when applicable).
You must compensate us if you break the contract. If we end the contract in the situations set out in above we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- Limitation of Liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective Products under the Consumer Protection Act 1987.
When we are liable for damage to your property. If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
We are not liable for business losses. If you are a consumer we only supply the Products for to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited.
- Use of this web site
The information on this web site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.
The site may contain certain historical information which necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Certain content, products and services available via our web site may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our web site without express written permission by us.
- Data protection
Both Supplier and Customer agree to comply with The UK Data Protection legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including without limitation, the privacy of electronic communications regulations) and guidance and codes of practice issued by the relevant data projection or supervisory authority applicable to a party.
- Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or on any of our materials that contains typographical errors, inaccuracies or omissions that may be related to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information is inaccurate at any time without prior notice (including after you have submitted your Order).
We undertake no obligation to update, amend or clarify information on the web site or any other materials, including without limitation, pricing information, except as required by law. It is possible that information on the web site may not align with information available on other materials such as Product labels and a specific update on one site should not be taken to indicate that all information on all sites and materials has been updated.
- User Comments, feedback and other submissions
If you send certain specific submissions at or without our request (e.g., contest entries, creative ideas, suggestions, proposals, plans, testimonials), whether online, by email, by mail or otherwise (collectively ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain the comments in confidence, pay any compensation for any comments, or respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we determine at our sole discretion is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Your further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
- Personal Information
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our web site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or purchase of our Products following posting of any changes to these Terms and Conditions constitutes acceptance of these changes.
COMPETITIONS AND GIVAWAYS TERMS & CONDITIONS
The following terms and conditions apply to all companies and or persons or other entities (“you”) that are participating in any competition or giveaway (“Competition”) organised by Ellevance Sciences (“we” or “us”). Please ensure you have read and understood the following:
- By participating in the competition on a social media platform, entrants or participants agree to the general terms and conditions outlined below.
- Winners will be drawn at random.
- No unsportsmanlike behaviour will be tolerated.
- Prizes are non-refundable, non-transferable, not for resale, cannot be exchanged for cash or the expiry date extended. We have the free and full right to alter arrangements or prizes should circumstances change.
- Competitions on social media are not endorsed, sponsored, administered by or associated with the platform.
- The competition is run by us, not the social media platform which it is distributed on. We require from entrants a complete release of the social media platform.
- We will only include entrants on the original competition post. Those not on this post will not be included in the competition. Any post shared on the timeline or added to posts other than the original competition will not be included.
- We will be in touch with you if you have won, by either commenting on your entry, private messaging or both. We will require you to send us your details for dispatch of the prize, this will need to be sent to us within two weeks of the draw. If we do not hear from you within this time, the prize will be re-drawn.
- Allow up to 28 days from the date of Ellevance Sciences receiving contact and delivery details for the delivery of the prize. During busy periods (such as Christmas), please do allow for longer.
- We have the right to change or substitute any prize in any competition to a prize of equivalent value.
- Our general terms and conditions apply.
- We reserve the right to change or edit the dates of the competition.
- To be part of a competition on any of the social media platforms used, entrants or participants are required to have a profile on the chosen platform.
- Entrants do not have to follow Ellevance Sciences on the social media platform.
- Winners are required to provide their details for the delivery of the prize. A full name, address and phone number are required. This data is not shared for any other purpose than to receive your prize.
- If prizes are provided by a third party, they will be responsible for the fulfilment of the prize, not Ellevance Sciences. We do not accept any liability or responsibility for direct or indirect loss or damage that may result to you or anyone who the prize is given to.
- Prizes are dependent on availability.
- If delivery is not possible, we reserve the right to withdraw the prize.
- You do not have to share to enter the competition.