These Terms and Conditions of Sale (“Terms of Sale”) apply whenever you order any product (“Product”) through www.theinfusionist.co.uk (the “Website”) or otherwise from us. These Terms of Sale should be read alongside, and are in addition to, our website terms of use (“Terms”) and our privacy policy (“Privacy Policy”).
Please read these Terms of Sale carefully and print a copy for your future reference. By ordering a Product from us, you agree that you have read, understood and agree to these Terms of Sale, the Privacy Policy and the Terms (each as amended from time to time). If you do not agree to these Terms of Sale, you must not order any Product from us.
1 About us
1.1 Should you have any questions about these Terms of Sale or wish to contact us for any reason whatsoever, please use the contact details set out below:
Telephone: +44 (0)7950 669 273
E-mail: hello@theinfusionist.co.uk
2 About you
2.1 By ordering any Products from us, you confirm that you are:
(a) over 18 years old; (b) legally capable of entering into binding contracts; (c) resident in the United Kingdom (excluding the Channel Islands); (d) ordering Products for delivery in the United Kingdom (excluding the Channel Islands); and (e) paying using your own credit or debit card.
If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order.
3 Product descriptions
3.1 We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not give any guarantee, conditions or warrant that the product descriptions, colours, sizes, prices or other content available on the Website are accurate, complete, reliable, current or error-free. The Products include high quality natural materials that by their very nature can vary. The Product may vary from batch to batch and from time to time this is an inherent feature of the Product and is not a defect.
3.2 You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered design right, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in connection to the Products.
3.3 You also acknowledge that you are only permitted to use the Products for your own personal and domestic purposes and that you are not permitted to copy or use the Products, for any other purposes including, for example, any business purposes or to copy or disseminate the Products to any other persons. We reserve the right to cancel or reduce orders placed which we believe, in our absolute discretion, may result in a breach of these Terms of Sale, the Terms or the Privacy Policy
4 How to order Products
4.1 When you have found a Product on the Website that you would like to buy, please click on the button labelled “add to bag”. This will add your Product to a virtual “shopping bag”. You can then proceed to pay for the Products in your virtual shopping bag by clicking on the button labelled “proceed to checkout”. Alternatively, you can continue browsing the Website and add additional Products to your virtual shopping bag.
4.2 You can see what Products are in your virtual shopping bag at any time by hovering over the tab in the top right hand corner of the webpage labelled “bag” and clicking on the button labelled “view your shopping bag”. If you wish to remove a Product from your virtual shopping bag, simply click on the button labelled “remove” next to the relevant Product. You can pay for the Products in your virtual shopping bag at any time by clicking the button labelled “proceed to checkout”.
4.3 When you click the “proceed to checkout” button, you will be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy Policy.
4.4 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order represents an offer to us to purchase that Product, which we may choose to accept or refuse – it is not a legally binding contract. You agree that we are able to correct any errors and omissions in anything that is stated on the website and in any communication or other thing that we send to you..
4.5 Whilst we will do our best to fulfil your order (once it is accepted), we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where Products have been incorrectly priced on our Website). If we accept your offer, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Delivery Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Delivery Confirmation.
4.6 The Contract will relate only to those Products as confirmed in the Delivery Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Delivery Confirmation. We are able to accept part only of your offer to purchase the Product.
4.7 The Contract will be concluded in English.
4.8 You can view details of orders placed and their status by clicking on the button labelled “order status” at the top of the webpage.
4.9 All promotional offers available from time to time on the site are limited to the United Kingdom and are subject both to stock availability and the offer time period stated. Current promotions are not redeemable on (i) prior orders, (ii) in store, or (iii) through partner websites.
4.10 Samples are subject to availability and will only be sent to postal addresses with a valid postcode in the United Kingdom (excluding the channel islands). Any samples we provide for you to test are for your personal use only.
5 Price and Payment
5.1 The price of the Products will be as quoted on our site from time to time except in cases of error when we will notify you accordingly. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place.
5.2 Delivery charges are as set out at the top of this page.
5.3 All prices shown on the Website are inclusive except for delivery and additional services that we may offer from time to time and which are clearly shown on the Website.
5.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will normally charge the lower amount when dispatching the Product to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
5.5 All Products will remain our property until we have received payment in full for all Products (including delivery charges).
5.6 All card payments are subject to authorisation by your card issuer. If your payment is not authorised or is subsequently declined (in each case at any time) we will cancel your order and notify you in writing (which may include e-mail) that we have done so.
5.7 If we cannot supply you with the Products that you have ordered or any of them, we will cancel your order or the relevant part and inform you of this as soon as reasonably possible. We will give you a refund where you have already paid for the Products.
6 Delivery of the Products
6.1 Like many other retailer we rely on third parties to deliver our goods to you. We give delivery information in good faith but any dates can be a guide only and may vary.
6.2 Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will be normally be retained by the delivery company for a reasonable period of time which they will communicate to you by leaving a card at the delivery address. Please follow the instructions given by the delivery company. If the delivery company is unable to deliver to you the Products will normally be returned to us. If Products are returned to us by the delivery company, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery any re-delivery and return of the Product.
6.3 Please note that unfortunately we are not able to deliver any Products to a P.O. Box.
6.4 All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order. We are not obliged to obtain a signature at delivery. If we do obtain a signature of we are entitled to accept the signature or acknowledgement of any person apparently present at the address as evidence of proper delivery to you.
6.5 We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by a third party or circumstances beyond our control.
7 Return Policy
7.1 You must contact us first to obtain a written return authorisation to return any Product with a returns number before returning any product to us. We operate a fair returns policy provided that you comply with this procedure and that you return the Products to us at your cost within 14 days beginning on the day after you receive the Products. You must take reasonable care of the Products, do not use them, do not remove tamper or alter any seal or wrapping and return any Products received in their original and unopened packaging and condition with the relevant order reference or delivery note. Please note that we do not accept returns of any personal or healthcare product under any circumstances. It is your responsibility to determine whether the Product is suitable for your needs before you order the product from us. If you open and used the Product it is consider beyond the hygiene levels we could reasonably accept and you are deemed to have accepted the goods and cannot return them. This is in accordance with our fair returns policy as we do not know you and your personal circumstances. This does not affect your statutory rights.
7.2 To return your Products please contact our customer care team on hello@theinfusionist.co.uk to receive the necessary return authorisation and arrange for return of the Products. The return of any Products will be at your cost. To qualify for a refund on Product(s) purchased, your return must include any gifts received with your purchase.
7.3 If you return the Products as set out above, we will process the refund within 30 days of our receipt of the returned Products provided that they have been returned exactly in the condition that they were delivered to you. In no circumstances (statutory rights excepted) will we be able to make a refund on any personal or healthcare product or any product where the container has been opened.
7.4 Subject to clause 7.1 and 7.2, if the Products are damaged or have been incorrectly supplied then we will, at your option, either provide a replacement or you may cancel your order.
7.5 Any refunds given by us will be made to the debit/credit card account provided when you placed your order.
7.6 All items purchased through other retailers including shopping channels must be returned to the relevant retailer from which the product was purchased in accordance with their return policy. This ‘The Infusionist’ Return Policy does not apply to any of those items.
8 Our liability to you
8.1 We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us and where we have issued the Delivery Confirmation. However, we exclude, subject to Clauses 9 and 8.2, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
8.2 Save as expressly set out in these Terms of Sale or are prohibited by law, we will not be liable for any losses that you suffer in connection with the supply of Product by us (even if such losses result from our deliberate breach)or (a) special, indirect, incidental or consequential loss; or (b) economic loss or loss of profits or revenues (whether direct or indirect loss) and in every case our total liability (whether in contract, tort, negligence or on any other basis) to you including for any direct loss, for any loss or damage to you for the supply or sale of any Product;, these terms of sale or for any matter in connection with the Products, and the privacy policy shall, subject to clause 8.3, be limited to the sums paid or payable by you for the relevant Product .
8.3 Nothing in these Terms shall limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or (d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9 Events outside our control
9.1 We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control (“Force Majeure Event”).
9.2 A “Force Majeure Event” includes acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, terrorist attack or threat of terrorist attack, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining products, materials, labour, fuel, parts or machinery; power failure or breakdown in machinery or any other matter of whatever nature whether or not described in this clause that is outside our control.
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. If a Force Majeure event occurs we may cancel any order that you have placed even if we have issued a Delivery Confirmation.
10 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that written communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11 Notices
All notices given by you to us must be given to us at the address or email address given in section 1.2. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the other ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and in your case the e-mail address notified to us when you placed the order.
12 Other important terms
12.1 We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
12.2 You will be subject to the Terms of Sale in force at the time that you order Products from us, unless any change to these Terms of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms of Sale before we send you the Delivery Confirmation (in which case we have the right to assume that you have accepted the change to Terms of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
12.3 These terms of sale supersede any other terms and conditions relating to the products previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
12.4 You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.
12.5 We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion. You may not assign any right or obligation that you have to any third party.
12.6 No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. A waiver by us of any default will not constitute a waiver of any subsequent default.
12.7 If any court or competent authority decides that any of these Terms of Sale or any provision of a Contract are illegal, invalid or unenforceable to any extent, the relevant term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.8 Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.9 These Terms of Sale and any Contracts for the purchase of Products concluded through the Website are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Sale or such Contracts or their formation, you and we shall submit to the exclusive jurisdiction of the English courts.
