Terms of ServiceApril 17, 2020 2020-06-01 0:17
Terms of Service
1. General use of Website.
1.1 By using our websites, you are deemed to have read and agreed to being bound by these Terms and Conditions of Use just as if you had signed this agreement.
1.2 We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions of use, at any time without giving prior notice. All changes will become immediately applicable to all users of this website. You should check these terms and conditions of use periodically for changes. By using this website after we post/publish any changes to these terms and conditions of use, you agree to accept and be bound by those changes, whether or not you have reviewed them. If you do not agree to these terms and conditions of use, please do not use our websites and, if applicable, please arrange to terminate your registration with us by notifying us of your unwillingness to accept the changes to the terms and conditions of use.
2. General content.
2.1 Images and other product information on this site is for illustration only and may not accurately show the product contents or the most recent packaging due to the continual development of products and changes in the way they are displayed. Different prices may be displayed on line from the catalogue prices and at times special offers will be available.
2.2 The information contained in this website has been prepared solely for the purpose of providing general information about Be Smart Supplement Shop Ltd, its partners and the services that they offer and no information given is an alternative to seeking professional medical advice where appropriate.
2.3 Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Be Smart Supplement Shop Ltd.
2.4 The information presented is believed to be reliable but it is subject to change at any time without notice. Be Smart Supplement Shop Ltd does not guarantee its completeness or accuracy. By accessing this website you agree that Be Smart Supplement Shop Ltd will not be liable for any direct, indirect, or consequential loss arising from the use of the information and material contained in this website or from your access of other material on the internet via web links from this site.
2.5 BE SMART SUPPLEMENT SHOP LTD RECOMMENDS THAT YOU ALWAYS CONSULT A MEDICAL PRACTITIONER BEFORE FOLLOWING ANY COMPLEMENTARY THERAPIES IF YOU HAVE ANY SYMPTOMS OF ILLNESS, HAVE ANY DIAGNOSED AILMENT, OR ARE RECEIVING CONVENTIONAL MEDICATION OR ANY TREATMENT FOR AN EXISTING CONDITION. DO NOT STOP CONVENTIONAL TREATMENT OR MEDICATION FOR ANY REASON WITHOUT CONSULTING A DOCTOR. ALWAYS INFORM BOTH YOUR DOCTOR AND YOUR COMPLEMENTARY MEDICAL PRACTITIONERS OF ANY TREATMENT, MEDICATION OR REMEDIES, BOTH CONVENTIONAL AND UNCONVENTIONAL THAT YOU ARE TAKING, OR ARE INTENDING TO TAKE. DO NOT DELAY IN SEEKING MEDICAL ADVICE AS A RESULT OF ANY INFORMATION OBTAINED FROM THIS WEBSITE WHICH SHOULD NOT BE REGARDED AS AN ALTERNATIVE TO MEDICAL ADVICE CONCERNING PARTICULAR MEDICAL CONDITIONS OR TREATMENTS.
2.6 WE WOULD ALWAYS ADVISE THAT YOU SEEK A PROFESSIONAL OPINION BEFORE COMMENCING ANY NUTRITIONAL SUPPLEMENTATION.
2.7 BE SMART SUPPLEMENT SHOP LTD, OR ANY, OR ALL OF ITS DIRECTORS AND STAFF SHALL NOT BE HELD RESPONSIBLE FOR ANY CLAIMS RELATING TO ILLNESS OR AILMENTS OR DAMAGE THAT IS DEEMED TO HAVE POSSIBLY ARISEN AS A CONSEQUENCE OF USING ANY PART, OR ALL OF THE CONTENT PROVIDED ON THIS OR RELATED WEBSITES OR IN THE USE OF ANY PRODUCTS SOLD ON THIS WEB SITE. THE CONTENT IS PROVIDED FOR GENERAL USE, AND MAY BE INAPPLICABLE, UNSUITABLE OR BOTH TO PERSONS SUFFERING FROM CONDITIONS DIAGNOSED OR NOT.
2.8 MANUFACTURER’S RECOMMENDED CAUTIONS AND CONTRAINDICATIONS FOR USE ARE LISTED WHERE POSSIBLE BUT WE ACCEPT NO RESPONSIBILITY IF FAILURE TO MENTION THE POSSIBLE INTERACTIONS BETWEEN ANY PRODUCT SOLD BY US AND OTHER MEDICATIONS OR SUPPLEMENT. IF NO CONTRAINDICATION RELATING TO OTHER MEDICATIONS IS HIGHLIGHTED IT CANNOT BE ASSUMED THAT IT IS SAFE TO COMBINE MEDICATIONS AND SUPPLEMENTS AND YOU SHOULD SEEK PROFESSIONAL ADVICE BEFORE COMBINING.
2.9 YOU EXPRESSLY UNDERSTAND AND AGREE THAT BE SMART SUPPLEMENT SHOP LTD AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMART NUTRITION LTD OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SMART NUTRITION LTD SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SMARTSUPPLEMENTSHOP.CO.UK SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SMARTSUPPLEMENTSHOP.CO.UK SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SMARTSUPPLEMENTSHOP.CO.UK SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMARTSUPPLEMENTSHOP.CO.UK SITE; OR (F) ANY OTHER MATTER RELATING TO SMARTSUPPLEMENTSHOP.CO.UK IN NO EVENT SHALL SMARTSUPPLEMENTSHOP.CO.UK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SMARTSUPPLEMENTSHOP.CO.UK’S SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SMARTSUPPLEMENTSHOP.CO.UK SITE.
2.10 Customer advisers are available please call 01273 775480 to discuss your orders and to help you in deciding which supplements would be appropriate.
3. Restrictions on your use of materials / copyright.
3.1 You acknowledge that the Be Smart Supplement Shop Ltd sites contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Contents”) that are protected by copyrights, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms of media and technologies existing now or hereafter developed. All Content is copyrighted and belongs to Be Smart Supplement Shop Ltd under the United Kingdom copyright laws (and, if applicable, similar foreign laws) and we own a copyright in the selection, co-ordination, arrangement and enhancement of such Content.
3.2 You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content, in whole or in part, except that you may download one copy of the content on any single computer for your personal, non-commercial home use only, provided you neither change nor delete any author attribution, trademark, legend, copyright or other proprietary notice. When you download any content, you do not obtain any ownership interest in such content. Modification of the content or use of the content for any other purpose, including, but not limited to, use of any content on any other website or networked computer environment is strictly prohibited.
4. Third Party Copyright.
4.1 The products described in this website may be the subject of other intellectual property rights reserved by Be Smart Supplement Shop Ltd or other third parties. No license is granted in respect of those intellectual property rights.
4.2 Images, pictures, videos, logos and graphics on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).
5.5 All information you share with Be Smart Supplement Shop Ltd will be strictly confidential but IF YOU HAVE PLACED AND ORDER WE WILL SHARE YOUR INFORMATION WITH OUR SUPPLIERS SO THAT THEY CAN FULFIL YOUR ORDER. We will not share any information relating to you with any other persons or body. Payment using PayPal or stripe is secure.
5.6 Incoming calls may be recorded to improve our efficiency and as a record of any telephoned orders.
5.7 You are entitled to see all the information we hold about you and to request changes to ensure accuracy. Please write in with your request including an SAE to Be Smart Supplement Shop Ltd, 47 Lansdowne Place, Hove, BN3 1HF
5.8 Be Smart Supplement Shop Ltd website complies with the principles of the GDPR Legislation 2018. Be Smart Supplement Shop Ltd holds your personal data in accordance with the security provisions of the GDPR Legislation.
5.9 Be Smart Supplement Shop Ltd is committed to preserving the privacy of all the information you provide to besmartsupplementshop.co.uk
5.10 When you visit, register or order products or services from Be Smart Supplement Shop Ltd you may be asked to provide your name, address and contact details along with your credit or debit card information. A copy of your contact details will be retained but your credit debit card details are not passed on to Be Smart Supplement Shop Ltd by the payment gateway used PayPal or stripe however if you choose to pay with a debit or credit card by telephone these details will not be kept.
5.11 Personal data will be collected and processed by Be Smart Supplement Shop Ltd for the following purposes: to provide goods and services, including marketing, advertising and promotions, if you have opted-in to receiving such communications and for insurance purposes. If you have opted in and later change your mind you will have the option to unsubscribe from newsletters and promotions.
5.12 A copy of all email correspondence will be kept along with any recorded phone calls.
5.13 All of the information you share with Personal information provided to Be Smart Supplement Shop Ltd via SMARTSUPPLEMENTSHOP.CO.UK website will be used for the purposes outlined at the time of collection and may be used for statistical analysis.
5.14 Other than passing your details to our suppliers we will not give, loan, sell, or rent any of your personal details to third parties unless legally required to do so or with your clear written consent.
5.16 During data collection necessary to complete your order users are given the opportunity to opt-in to receiving future direct marketing material from Be Smart Supplement Shop Ltd. If at any time users want Be Smart Supplement Shop Ltd to stop sending such communications they can use unsubscribe link on any newsletters, email firstname.lastname@example.org or should write to: Be Smart Supplement Shop Ltd, 47 Lansdowne Place, Hove, East Sussex, BN3 1HF
5.17 You are able to exercise certain rights in relation to your personal data that we process. These are set out in more detail at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
5.18 In relation to a Subject Access Right request, you may request that we inform you of the data we hold about you and how we process it. We will not charge a fee for responding to this request unless your request is clearly unfounded, repetitive or excessive in which case we may charge a reasonable fee or decline to respond. We will, in most cases, reply within one month of the date of the request unless your request is complex or you have made a large number of requests in which case we will notify you of any delay and will in any event reply within 3 months.
If, at any time, a user wants to verify, update or amend their personal data they may simply post to 47 Lansdowne Place, Hove, BN3 1HF
5.19 Cookies are used on this website.
5.21 The Company is not responsible for the privacy policies of third-party websites. The Company advises users to read the privacy policies of other websites before registering any personal data.
The Contract between us:
6. Pricing and Payment.
6.1 The prices payable for goods are as set out in our website and are inclusive of any delivery charges except where specifically specified to the contrary.
6.2 We must receive payment for the whole price of the goods including delivery charges, which can be made using PayPal or you can send a cheque made out to Be Smart Supplement Shop Ltd and sent to 47, Lansdowne Place, Hove, BN3 1HF clearly stating your name, address and the details of products you would like to order. All payments for supplements have to clear before orders can be processed and or dispatched.
6.3 Once payment has been received via PayPal we will confirm your order by sending an e-mail to you at the e-mail address you provided stating the Order Reference No’s. You will receive an invoice for all orders made via post and cheque.
6.4 If we are unable to fulfil an order due to inability to obtain supplies from manufacturers or suppliers we will refund your payment by the same route that payment was made.
6.5 Special offers will be for a limited time only.
6.6 V.A.T. will be charged at the rate applicable at the time of purchase.
6.7 All transactions must be in sterling.
6.8 Acceptance of your order brings into existence a legally binding contract between us. Only those aged 18 and over are entitled to enter into legally binding contracts and as a result are the only people entitled to purchase through this site. Any individuals who are unable to enter into legally binding contracts are prohibited from ordering goods using this site. If you do not qualify please DO NOT use this site. By ordering on this website you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older.
7.1 We will deliver the goods ordered by you to the address you gave us for delivery at the time you placed your order however we strictly reserve the right to only post to the billing address when a different delivery address is given, for reasons of security.
7.2 We aim for orders to be dispatched within two to three working days. Most orders are dispatched within twenty four hours but we cannot be held responsible for delays caused by a third party. We will do everything we can to ensure delivery of your order in the above time frame with a maximum of 30 days. If unfortunately goods are not delivered or are damaged or defective due to any event or circumstance beyond our control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident we will refund your payment and cancel your order or replace the goods but are unable to do this until the 30 day time period is up or unless the goods are returned unopened in a state fit for resale.
7.2a Next day guaranteed delivery can only be guaranteed if the order is made by 1pm.
7.3 Our liability for late delivery or failure to deliver is limited to the price payable for the goods not including the postage charge.
7.4 Risk of damage or loss to the goods passes to you on receipt/delivery of the order or part order or if you are unable to accept the order or if you refuse to accept the order when delivery is attempted.
7.5 Should you not be able to receive goods posted to you and they are returned to us an extra delivery charge may become payable. You will be informed of this and given the option to cancel if preferred.
7.6 Our liability if goods are lost or not delivered will be limited to the price of the goods. Returns will only be credited if they are in good condition and unopened. Large orders may need to be divided into more than one parcel.
7.7 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.8 If the goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question. The goods must be returned to us before reimbursement or replacement can take place.
8.1 Orders will be sent by Royal Mail 1st class post for deliveries within the U.K. Unless otherwise requested. We can offer Royal Mail International, International Courier, Guaranteed UK next day delivery and next working day courier delivery. Orders for next working day ( mon-fri) day and next day courier delivery need to be received by 3 pm. Orders for saturday delivery must be received before friday at 3pm. If you require a different type of postage than on the website please get in touch.
8.2 Postage is free on orders over £30, unless specifically stated, for delivery to mainland U.K. and Northern Ireland but not to the Highland and Island areas and Europe.
8.3 If you require an alternative delivery method we will do our best to provide this but will need to charge appropriately.
8.4 If Be Smart Supplement Shop Ltd doesn’t have your specified supplement in stock we may ask the suppliers to send it directly on our behalf. We will do what we can to match your preferred postage method. If this cannot be done we will get in touch and make sure the alternative for example a different courier company is suitable for you.
8.5 Should you prefer to stick to your arranged postage when 8.4 is not suitable there may be a slight delay in sending out the order as it will need to be sent to us from the supplier before it can be sent on to you.
9. Right for you to cancel your contract.
9.1 You may cancel your contract with us for the goods ordered prior to their dispatch. You do not need to give us any reason for cancelling your contract.
9.2. Once the goods have been dispatched you are entitled to a full refund if you let us know within 7 days of the order and return the goods unopened and unused except in certain circumstances where returns are not acceptable. Please see 9.3
9.3 The following types of products can not be returned under this policy (unless shown to be damaged or defective):
a, Temperature sensitive products where refrigeration is considered essential or nutritional oils, unless defective or damaged.
b, Fresh or refrigerated products with a manufacturer specified shelf life of less than 2 months from the date of purchase unless defective or damaged.
c, Live bacteria products such as pre-biotics, pro-biotics and some digestive enzymes (room temperature stable and ambient stable products are not covered in this clause) unless defective or damaged.
9.4 To cancel your contract you must notify us by e-mail to our e-mail address email@example.com within 7 days of placing your order.
9.5 If you have received the goods before you cancel your contract then you must send the goods back unopened and undamaged to our contact address at your own cost and risk. We recommend these are sent via recorded delivery and must be sent back within 30 days.
9.6 Once you have notified us within the specified time frame above that you are cancelling your contract, any sum debited to us from you will be re-credited to your account minus any deductions as soon as possible and in any event within 30 days of receiving the returned goods PROVIDED THAT the goods in question are returned and received by us in the condition they were in when delivered to you. If you do not return the delivered goods you will be charged the full price. If you did not pay the costs of delivery to us, we shall be entitled to deduct the cost of the postage from the returns fee.
9. Cancellation by be smart supplement shop Ltd.
9.1 If we have insufficient stock to deliver the goods you have ordered, if a product is discontinued or removed from sale.
9.2 If we do not deliver to your country / area.
9.3 If one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
9.4 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or we will issue a cheque if you paid by cheque as soon as possible but in any event within 30 days of your order. We will not be obliged to offer additional compensation for disappointment suffered.
10.1 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
10.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
10.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer either under applicable local law or other statutory law, or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing or sent by e-mail to our contact address firstname.lastname@example.org and all notices from us to you will be displayed on our website from time to time.
12 Third Party Rights.
12.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13 Governing Law.
13.1 Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
14. Entire Agreement.