1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Flower of Life Ltd trading as Equinox Kombucha, a company registered in England and Wales. Our company registration number is 08050763 and our registered office is at Unit 2A, Orchard Business Park, Scout Road, Hebden Bridge, HX7 5HZ. Our registered VAT number is GB162454613.
2.2 How to contact us. You can contact us by calling us on 01422 292364 or by writing to us at firstname.lastname@example.org or Unit 2A, Orchard Business Park, Scout Road, Hebden Bridge, HX7 5HZ.
2.3 How we may contact you. 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your 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.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you 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 we 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.
3.3 Your order number. 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.
4. Our goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the goods you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary, as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the goods. We may change the goods to reflect any changes in relevant laws and regulatory requirements or for any other reason.
6.2 More significant changes to the goods and these terms. In addition, we may make changes to these terms or the goods, but if we do so, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
7. Providing the goods
7.1 Delivery costs. The cost of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you. Please allow up to 3 working days for your goods to be packaged and processed. Your order will usually arrive within 2-4 working days once it has been processed.
7.3 We are not responsible for delays outside our control. If our supply 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. 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 goods you have paid for but not received.
7.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
7.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.
7.7 When you own goods. You own the goods once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, a valid delivery address. If so, this will have been stated in the description of the goods on our website. We will contact you in writing or by telephone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods as requested by you or notified by us to you (see clause 6.).
7.10 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. You may contact us to end the contract for the goods if we suspend delivery, or tell you we are going to suspend delivery.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed, you may have a legal right to end the contract or to get the goods replaced or to get some or all of your money back, see clause 11.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of returning any goods;
8.2 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (e) below, the contract will end immediately, and we will refund you in full for any goods which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the goods you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods for technical reasons, or notified you that we are going to suspend them for technical reasons; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. The goods have been sealed for hygiene purposes. Once opened, the goods cannot be returned unless they are faulty.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the goods unless, in the unlikely event that your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receive the last delivery.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 01422 292364 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form available at the end of these terms.
(c) By post. Print off the form available at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning the goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either post the goods back to us or arrange a secure courier service and return the goods to us at Unit 2A, Orchard Business Park, Scout Road, Hebden Bridge, HX7 5HZ. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the goods including delivery costs by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the goods within 2-4 working days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
(a) If the goods have been returned to us, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for the goods at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, an alternative address for delivery;
(b) you do not, within a reasonable time, allow us to deliver the goods to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the goods 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.
10.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for the goods which will not be provided.
11. If there is a problem with the goods
11.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can call us on 01422 292364 or write to us at firstname.lastname@example.org or Unit 2A, Orchard Business Park, Scout Road, Hebden Bridge, HX7 5HZ.
11.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject the goods, you must post them back to us. We will pay reasonable costs of postage.
12. Price and payment
12.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the goods you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with the credit and debit cards set out on our website. You must pay for the goods before we dispatch them.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.
13. Our responsibility for loss or damage suffered by you
13.1 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.
13.2 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 goods including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective goods under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. 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.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 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.
15.5 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 goods, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
15.7 Online Dispute resolution. The European Commission has established an Online Dispute Resolution platform to help consumers who have bought goods online and subsequently have a problem with that online purchase. If you are unable to resolve a dispute directly with us, you have the option to submit your dispute to the Online Dispute Resolution platform. If you are not satisfied with the outcome, you can still bring legal proceedings: https://ec.europa.eu/consumers…
Model Cancellation Form – Flower of Life Limited
(Please complete and return this form only if you wish to withdraw from the contract)
TO: Flower of Life Ltd, Unit 2A Orchard Business Park, Mytholmroyd, HX7 5HZ
Tel No: 01422 292364
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], [Please give details of the goods or services you wish to cancel]
Name of consumer(s)
Address of consumer(s)
[Insert Relevant Address]
Please sign on the dotted line below
Date of signature: [Please insert date]
[*] Delete as appropriate