Terms and Conditions of Sale (“Terms and Conditions”)
1.1. These Terms and Conditions set out the legal terms on which inkospor® UK (“we / us”) sell the products (“Products”) listed on our Website (“our Website”) to you. Please see our Corporate Information page for full details of who we are.
1.2. These Terms and Conditions will apply to each contract which is entered into by us for the sale of our Products to you. Before placing an order on our Website you will be asked to agree to these Terms and Conditions so please read them carefully, and make sure that you understand them. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Website. Clause 4.3 below explains how and when a contract (“a Contract”) is formed.
2. Amendments to these Terms and Conditions
2.1. We may amend these Terms and Conditions at any time at our discretion. The version of these Terms and Conditions which are published on our Website at the time you place an order with us will apply to that order, and any Contract which we enter into with you as a result of that order.
2.2. Sometimes we may have to revise these Terms and Conditions as they apply to an existing Contract where we have not yet delivered the Products ordered. In this case, we will notify you of the changes as soon as we are practically able to and give you 14 days to decide whether to accept the new Terms and Conditions. If you are not happy with the changes you may cancel the Contract and we will refund the purchase price paid and also any delivery costs.
3. Your Agreement
By placing orders for the purchase of our Products on our Website you confirm the following:
3.1. That you are at least 18 years old.
3.2. That the data you enter is true accurate and up to date and you are not impersonating anyone else.
3.3. That you have express authority to use the credit or debit card, or the pay pal account, from which are paying for the Products.
3.4. That you are purchasing the Products for private and domestic use only and not for any commercial, business or resale purpose.
4. Placing an Order and Forming a Contract
4.1. Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend your order before submitting it. Your order cannot be amended once it has been submitted so please do check each order carefully.
4.2. After you place an order on our Website, we will collect the purchase price and any delivery charges from you. Once payment has been received in full, we will send you an email acknowledging that we have received your order (“the Acknowledgment Email”). The VAT information will also be sent to you at that stage. This does not mean that we have accepted your order or that a Contract has been formed. However, if you do not receive an Acknowledgement Email within 24 hours of placing an order, please let us know via our Web Form or email us on firstname.lastname@example.org and we will endeavour to identify your order.
4.3. A Contract will be formed between us when we accept your order and dispatch the Products. We will let you know that we have done this by sending you a dispatch confirmation email (“the Dispatch Confirmation Email”). Until we have sent the Dispatch Confirmation Email, we reserve the right to refuse your order, or to restrict the number of Products you may order.
4.4. If we are unable to supply you with any Product ordered, for example, because that Product is not in stock or no longer available, or because of an Event Beyond Our Control (as defined in clause 10 below) we will inform you of this by email and we will not process your order. In this case no Contract will be formed. If you have already paid for the Products we will refund you the purchase price, together with any delivery charges, as soon as reasonably practicable.
4.5. The Contract will be completed when the Products ordered are delivered to the address you gave us and/or in accordance with your delivery instructions given when placing your order. You will own the Products and they will be your responsibility from that time. We do not accept any liability for any loss or damage to the Products once they have been delivered to the delivery address you have specified and/or in accordance with your instructions given when placing your order.
5. Price of Products
5.1. The prices of the Products are as quoted on our Website at the time you submit your order and are in pounds sterling and inclusive of VAT. Any applicable Discount Codes will be applied to those prices at the check out. The prices for our Products may change from time to time, but any changes will not affect any order you have already placed.
5.2. Our Website contains a large number of Products. It is always possible that, despite our reasonable endeavours, some of the Products on our Website may be incorrectly priced and/or any Discount Codes that we offer do not work correctly. If at any stage, we do discover an error in the price of the Products you have ordered and/or any Discount Code has been incorrectly applied, we will contact you by email to inform you of the error and will give you 2 options:
5.2.1. continuing to purchase the relevant Products at the correct price, in which case you will be required to pay any outstanding balance; or
5.2.2. cancelling your order and receiving a refund of any purchase price and delivery charges you have paid.
5.3. Where there is a pricing error with one of your orders, we will not process it until we have your instructions. If we do not receive your instructions within 14 days of sending you the notification email we will treat the order as cancelled and notify you accordingly.
5.4. The price of each Product does not include any delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery and Returns Policy.
6. Use of Discount Codes
6.1. From time to time we may send you individual offers regarding the price or quantity of Products which you order e.g. 10% off the advertised price, buy one get one half price etc (“Discount Codes”). Any such individual Discount Codes may only be applied to purchases made using your account.
6.2. We may also offer general promotional Discount Codes which may apply in respect of any, or certain specified, purchases made through our Website.
6.3. All Discount Codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue. Discount Codes have no monetary value and must not be sold or transferred to anyone else. Discount Codes cannot be used in conjunction with any other offer. Any breach of the specific terms of a Discount Code may result in an order being rejected or an Contract being void. Discount Codes can only be used for personal use and not for commercial, business, or resale purposes.
6.4. We reserve the right to withdraw, cancel or refuse to honour, any Discount Code, at any time, for any reason, without liability. If we have withdrawn, cancelled or no longer wish to honour the Discount Code, you will be notified at check out and will be given the option of continuing with the order at the full price of the Products.
7.1. You can only pay for Products using a debit card, credit card or PayPal.
7.2. We will collect payment for the Products, together with all applicable delivery charges, when you place your order for Products with us. The Acknowledgement Email will confirm that payment has been taken and the amount plus the VAT information.
7.3. The Contract will not be formed and Products will not be dispatched until we have successfully collected your Payment. If it is not possible to obtain full payment for any Products and applicable delivery charges using the payment details you have provided, we will reject your order in full. This does not affect your statutory rights.
7.4. We do not accept liability if delivery of any Products is delayed because you have provided us with incorrect or incomplete payment details.
8. Your Consumer Rights - Delivery, Returns and Refunds
8.1. The Dispatch Confirmation Email will include an estimated delivery date. We will endeavour to ensure that this date is as per your choose delivery option, but we do not guarantee that we will meet the requested date in every Contract. However, useless we agree something else with you, the delivery date will be no more than 30 days after the date of the Dispatch Confirmation Email. Please refer to our Delivery and Returns Policy for delivery costs and timescales.
8.2. If we miss the 30 day delivery deadline, or any other delivery deadline we expressly agree with you, for any Products then you may cancel the relevant Contract and we will refund the purchase price paid, plus any delivery charges.
8.3. You have a legal right to cancel an order starting on the day you place the order and ending 14 days after the date on which you received the Products (“the Cancellation Period”). This means that if you change your mind, or decide for any other reason that you do not want to receive or keep the Products ordered under any Contract, you can notify us of your decision and receive a refund. Our Delivery and Returns Policy reflects this right.
8.4. The cancellation right referred to in clause 8.3 above does not apply to:
8.4.1. any Products which are sealed goods that you have unsealed and are not suitable for return or resale due to health protection or hygiene reasons; or
8.4.2. any Products which become mixed inseparably with other items after their delivery.
8.5. To cancel a Contract in accordance with your legal right to do so as set out in this clause 8.3 please use the Web Form or send us an email to email@example.com. Your cancellation notice will be effective from the date you send us the notice. Our Delivery and Returns Policy sets out how to return the Products to us.
8.6. If we have dispatched any Product for delivery to you before you decide to cancel the Contract under which that Product has been dispatched you must return the Product to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the relevant Contract.
8.7. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if such reduction has been caused by you handling them in a way which would not be permitted in a shop e.g. if the outer packaging of a box of protein bars is ripped or otherwise defaced.
8.8. We will pay you any refund for a cancellation as follows:
8.8.1. if you have received the Products: 14 days after the day on which we receive the Products back from you, or the date on which you provide us with proof of the return, which ever is the earlier;
8.8.2. if you have not received the Products: 14 days after you inform us of your decision to cancel the relevant Contract.
8.9. We will refund you on the credit card, debit card or PayPal account used by you to pay. If any Products have been purchased wholly or partly using a Discount Code, we will only refund the sum that you actually paid for the Products and will not refund the amount of any discount given as a result of the application of the Discount Code.
8.10. Advice about your legal rights in relation to Products purchased on our Website is available from your local Citizens' Advice Bureau or Trading Standards office.
9. Our Liability
9.1. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the relevant Contract. As a consumer, you have legal rights in relation to Products that are not of satisfactory quality, not fit for purpose, or not as described. These legal rights are not affected by your right of return and refund in clause 8.3, or anything else in these Terms and Conditions.
9.2. If we fail to comply with these Terms and Conditions, or we are negligent in our performance of any Contract, we are responsible for any loss or damage you suffer which was a foreseeable result of our breach or negligence. We are not responsible for any loss or damage that was not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it was contemplated by you and us at the time we entered into the relevant Contract.
9.3. We do not in any way exclude or limit our liability for:
9.3.1. death or personal injury caused by our negligence;
9.3.2. fraud or fraudulent misrepresentation;
9.3.3. any breach of the terms the Contract and/or the Consumer Rights Act 2015 relating to description, satisfactory quality, fitness for purpose and likeness to samples; or
9.3.4. defective products under the Consumer Protection Act 1987.
9.4. We only agree to supply the Products for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity you may suffer as a result of any commercial, business or resale purpose.
10. Events Outside Our Control
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract to the extent caused by an Event Outside Our Control (as defined in clause 10.2).
10.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (including our distribution partner and its chosen courier), postal delays, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, the actions of any regulatory or government body, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3. If an Event Outside Our Control takes place which affects the performance of any of our obligations under any Contract:
10.3.1. we will email you as soon as reasonably practicable to notify you; and
10.3.2. our obligations under the relevant Contract will be suspended and the time for performance of our obligations will be extended for the duration of the relevant Event Outside Our Control.
10.4. Where the Event Outside Our Control affects the delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.5. If the Event Outside Our Control continues for more than 30 days you may cancel any Contract. To do so, please use the Web Form or email us at firstname.lastname@example.org. We will refund to you any purchase price and delivery charges which you have already paid.
11. Other Important Terms and Conditions
11.1. When we refer, in these Terms and Conditions, to “in writing”, this will include e-mail.
11.2. We may transfer our rights and obligations under any Contract to any third party, but this will not affect your rights or our obligations under these Terms and Conditions.
11.3. You may only transfer your rights or your obligations under a Contract to another person if we agree in writing.
11.4. Each Contract is between you and us. No other person shall have any rights to enforce the terms of any Contract, or to be consulted on any changes to any Contract made in accordance with these Terms and Conditions. No person will have any right to be consulted about any amendment to these Terms and Conditions.
11.5. Each of the clauses set out in these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable (whether in whole or in part), the remaining clauses (or the relevant part) will remain in full force and effect.
11.6. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. The only way we may waive a default by you, is if we confirm that we are doing so in writing and that will not mean that we will automatically waive any later default by you.
11.7. These Terms and Conditions are governed by English law. This means each Contract for the purchase of Products through our Website, and any dispute or claim arising out of or in connection with it, will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland, or Scotland you may also bring proceedings in that jurisdiction.