We set out the definitions that apply in these terms:
“We” Proflax Limited
“Contract” The agreement between us for the supply of the goods
“Goods” The items shown on our website which you buy from us
“Terms” The legal conditions which apply to the contract
“Consumer” An individual acting for purposes wholly or mainly outside their trade, craft or profession
1 Information about Proflax Ltd
1.1 We are a business which supplies oils, powders and tinctures as health supplements for consumption by companion animals. Our Company’s registered office is 4 Market St, Crediton EX17 2AJ. We operate the business from Unit 3G Oak Tree Business Park, Austin Close, Kingskerswell, Devon TQ12 5GJ to which all correspondence should be addressed. Returned goods should also be sent or delivered to this address. Our telephone numbers are 01803 473634 or 07375 111432 and our email address is info@proflax.co.uk
1.2 The price of our goods and the relevant delivery charges are set out on our website as are the arrangements for payment, delivery and performance of the contract
1.3 Your cancellation rights are set out in para 4 below.
1.4 We may vary these terms from time to time. The date of the latest update of the terms appears at the foot of this document. The terms in force at the date of the contract will apply to the transaction.
2 Website
2.1 Your use of our website is governed by our Terms of Use and our use of your personal information is governed by our Privacy Policy and these two additional documents form part of the contract between us.
2.2 Only consumers may use our online ordering service. By placing an order online you make a representation and warrant to us that you are a consumer and aged 18 or over
2.3 The images on our website are for illustration purposes and the goods may vary from that shown
3. The Contract
3.1 The contract is concluded when we send you an email confirming that the goods you have ordered have been dispatched by us to you
3.2 We are under a legal duty to supply goods that are in conformity with the contract. If we are unable to supply you with the goods ordered or deliver in accordance with your stated requirements we will not process the order and will notify you accordingly. Any payment made will be refunded as soon as possible
4 Cancellation Rights
4.1 As a consumer you have the right to cancel the contract within 14 days without giving any reason
4.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods
4.3 To exercise the right to cancel, you must inform us, Proflax Limited, Unit 3G Oak Tree Business Park, Austin Close, Kingskerswell, Devon TQ12 5GJ (postal address) 01626 240483 (telephone) or info@proflax.co.uk (email).
You may use the attached model cancellation form, but it is not obligatory. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website (www.proflax.co.uk). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (eg by email) without delay.
4.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired
4.5 If you cancel the contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
4.6 If you cancel the contract then the goods supplied by us under the contract must be returned to us at Unit 3G Oak Tree Business Park, Austin Close, Kingskerswell, Devon TQ12 5GJ and, if you cancel the contract under the terms of this paragraph, then you will have to pay the cost of the return unless you have cancelled the contract on the grounds that the goods are faulty, damaged or have been mis-described in which case we will pay for the cost of the return of the goods
4.7 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after we receive back from you any good supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract
4.8 We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest
4.9 You may lose the right to cancel the contract if any of the following apply:
(a) the goods have been made to your specification or clearly personalised
(b) the goods have already passed their “use by” date
(c) where the sealed bottles have become unsealed after delivery thereby making them not suitable for return due to health protection or hygiene reasons
(d) if the goods become mixed inseparably with other items after delivery
5 Liability
5.1 If we fail to comply with out terms of supply we are responsible for any loss and damage you suffer which is a foreseeable result of our breach of the terms or our negligence but we are not responsible for any loss or damage that is not foreseeable.
5.2 We only supply the goods for consumption by animals and, under the contract, for private use. You agree not to use the goods for any commercial, business, or re-sale purpose and we have no liability to you for any loss of profit or any loss relating to your business.
5.3 We do not exclude or limit our liability for:
(a) death of personal injury to humans caused by our negligence
(b) fraud or fraudulent misrepresentation
(c) any breach of the terms implied into this contract by the Consumer Rights Act 2015
6 External Events
6.1 We will not be liable or responsible for any failure on our part to perform any or our obligations under the contract if our failure is caused by an event, such as a strike, outside our control (“the event”)
6.2 Whilst the event is continuing our performance of our obligations under the contract will be suspended whilst that event is continuing. We will inform you as soon as possible if such an event occurs.
6.3 If the event continues for a period of more than 30 days you may cancel the contract. Any goods that may have been supplied under the contract will have to be returned to us at your expense.
7 Other terms
7.1 The contract is between us and you. No other party shall have any rights under the Contract and neither shall any third party have any rights to enforce any of its terms
7.2 Each of the paragraphs and sub-paragraphs of these terms operate separately. If any court or relevant authority determines that any specific paragraph is unenforceable for whatever reason that specific paragraph will be of no effect but the remaining paragraphs will remain in force and of full effect.
7.3 We will run competitions & prize draws periodically on our website, social media and email. Winners of these competitions cannot be entered into any of our future competitions or prize draws for a period of no less than six months from the date of the competition in which they won.
7.4 The contract is governed by English Law and any dispute or claim relating to the terms, the contract, our website will be interpreted in accordance with English Law. You and us agree that the courts of England and Wales will have non-exclusive jurisdiction. You may bring proceedings in Northern Ireland if you are resident there and in Scotland if you reside there.
