Business Sections
Basis of the Sale 1) These Conditions alone shall govern and be incorporated in every contract ("the Contract") between Butterflies Healthcare Ltd ("the Seller") and a purchaser ("the Customer") where order is accepted by the Seller for the Seller's products which are the subject of such order ("the Goods"). These conditions shall apply to the exclusion of and prevail over any other terms and conditions subject to which the order is made or purported to be made by the Customer. Acceptance by the Customer of delivery of the Goods shall be deemed to constitute unqualified acceptance of these Conditions. The Seller is not obliged to accept any order from the Customer. Customer Services 2) For security and training, calls to customer services may be recorded. Price 3) Unless otherwise agreed, the price of the Goods shall be the price listed in the Seller's wholesale price list current at the date of the order. All prices are exclusive of VAT and any other taxes, duties or levies which the Customer shall be additionally liable to pay to the Seller. Terms of Payment 4) Accounts are due for payment on the 28th day of the month following invoice notwithstanding that title in the Goods has not passed to the Customer. Payment shall only deemed to have been made on receipt of cleared funds in sterling by the Seller's bank. Please make cheques payable to Butterflies Healthcare Ltd
If the Customer fails to make any payment on the due date, then without limiting any other right or remedy available to the Seller, the Seller may:- (a) cancel the Contract or suspend any further deliveries to the Customer; (b) withdraw any credit facilities provided to the Customer; (c) appropriate any payment made by the Customer to such of the Goods (or the good supplied under any other contract between the Customer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Customer); and (d) charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate specified from time to time under The Late Payment of Commercial Debts (Interest) Act 1998, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). Credit information: In compliance with the Data Protection Act 1998, for all credit applications the Seller may make a search with a credit agency, which will keep a record of that search and will share the information with other businesses. The Seller may also make enquires about the proprietor/partners/directors of the Customer with a credit reference agency. The Seller will monitor and record information relating to the Customer's payment record and such records will be made available to credit reference agencies, who will share that information with other businesses in assessing applications for credit and fraud prevention. 5) We know of no documented cases of credit card fraud using our shopping system over the Internet. All payments are handled by Actinic Payments and at no time do we have access to your credit card details. When you enter the checkout phase of our site you will be transferred to the Actinic Payments secure server and your browser will activate the "LOCK" icon. This assures you that credit card account numbers and other confidential information cannot be viewed, intercepted or altered. Delivery 6) Delivery of the Goods shall be made by the Seller delivering the Goods to the Customer. All prices excluded postage and packaging and will be charged at the rate listed in our current price list. 7) Any dates agreed for delivery of the goods are approximate and the Seller shall not be liable to the Customer for any loss or damage whatsoever sustained by the Customer as a result of any failure to comply with any estimated delivery date. Time for delivery of the Goods shall not be of the essence of the Contract unless previously agreed by the Seller in writing. 8) The Goods shall be at the risk of the Customer upon delivery and the Customer shall be responsible for insuring the Goods for their full value from that time onwards. Claims Relating to Delivery 9) Goods Damaged Claims in respect of Goods damaged in transit must be notified in writing to the Seller and any nominated carrier within 7 days from the date of delivery. The Customer must hold all damaged Goods for a reasonable time to enable the Seller to inspect them and verify that they are damaged. 10) Non-Delivery Claims in respect of non-delivery must be notified in writing to the Seller within 7 days from the date of receipt of the delivery note, invoice, or statement whichever is the first document to arrive. 11) Short Delivery Claims in respect of short delivery must be notified in writing to the Seller within 7 days from the date of delivery of the Goods. 12) Time Limits Save for in exceptional circumstances, the existence of which the Seller alone shall determine, but subject to paragraph 12 below, the Seller shall not accept liability for claims in respect of any of the above matters which are notified after the relevant time limit and the Customer shall not be entitled to reject the Goods and shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. Returns Policy 13) Goods can be returned for exchange or credit within 28 days from the date of delivery of the Goods provided that: All returns for credit or exchange must be accompanied by the delivery note; and All Goods must be in a re-saleable condition, with tamper-proof seal intact. For Goods returned for credit the Customer shall be charged a 5% handling fee. This charge is not applicable where the return is a direct result of an error by the Seller. Goods returned for exchange can only be exchanged for Goods within the same product group. All postage charges relating to the return of Goods to the Seller are the responsibility of the Customer. The Seller shall not accept liability for returned Goods lost in transit. The Seller will only accept returns of complete cases, not individual items. Refused Deliveries 14) The Seller reserves the right to charge the Customer for transport, storage and other costs reasonably incurred if for any reason the Customer is not able to promptly accept Goods tendered for delivery. Title to the Goods 15) Notwithstanding delivery and the passing of risk in the Goods or any other provision of these conditions, until such time as the Customer has paid in full all sums due to the Seller for the Goods, title to the Goods shall remain with the Seller and the Customer will store the Goods separately from its own Goods or those of any third party so that they are readily identifiable at all times as the property of the Seller, and insure them, but the Customer may resell or use the Goods in the ordinary course of its business. 16) Notwithstanding that delivery may not have taken place and title has not passed to the Customer, the Seller shall be entitled to recover the price of any Goods as soon as the due date for payment of the price of those Goods has passed. Provided the Goods are still in existence and have not been resold, the Seller may at any time require the Customer to deliver up the Goods to the Seller, and if the Customer fails to do so forthwith the Seller, its employees or agents may enter the premises of the Customer or any third party where the Goods are stored during normal business hours to inspect and/or repossess the same. 17) The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Customer does so all monies owing by the Customer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable. Liabilities 18) Unless specifically directed on the Goods packaging, all Goods must be stored by the Customer in a suitable, cool, dust free and dry place and the Seller shall not be liable for any defects in the Goods caused by abnormal or unsuitable conditions of storage. 19) The Seller shall not be liable for any loss or damage sustained by the Customer resulting from defects in the Goods caused by fair wear and tear, fire or accident or from wilful damage to, misuse or neglect of the Goods, or from unauthorised installation, alterations to or repairs of the Goods carried out by the Customer or any third party, or from the Customer's failure to use the Goods in accordance with their intended purpose. 20) Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 21) Except in respect of death or personal injury caused by the Seller's negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty, law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims of compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these conditions. Force Majeure 22) The Seller shall not be liable to the Customer for any loss or damage sustained by the Customer as a result of any delay in performing or any failure to perform any of the Seller's obligations under the Contract where that delay or failure is due to any event or circumstance beyond the Seller's reasonable control (including, but without limitation, Acts of God, wars, armed conflict, riot, industrial action involving employees of the Seller or a third party, defaults by the Seller's suppliers or sub-contractors or any measures of a governmental or inter-governmental authority). Insolvency of the Customer 23) This paragraph 22 applies if: (a) the Customer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or (b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or (c) the Customer ceases, or threatens to cease, to carry on business; or (d) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly. If this paragraph applies, then without limiting any other right or remedy available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreements or arrangement to the contrary. Waiver 24) No waiver by the Seller (whether express or implied by delay or failure in enforcement) of any rights under the Contract shall prejudice the Seller's right to enforce any such rights in the future. No delay or omission on the part of the Seller in any particular instance in exercising any right under the Contract shall be construed as a waiver of such right nor shall it prevent the Seller subsequently from enforcing that right in respect of that particular instance. General 25) A notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. If any provision of the Contract is held by a court or other competent other authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected. The Contract shall be governed by the Laws of England, and the Customer agrees to submit to the exclusive jurisdiction of the English Courts. Privacy Policy 26) We do not disclose buyers' information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. Data collected by this site is used to: a. Take and fulfil customer orders b. Administer and enhance the site and service c. Only disclose information to third-parties for goods delivery purposes d. For selected e-mail marketing from Butterflies Healthcare sites to keep you informed of new products and special offers on the site. Please note: we do not pass your details onto third-parties for any marketing activities. | ||||
| DISCLAIMER We provide a range of goods including some natural health solutions. All information and advice provided (“Information”) is given in good faith based entirely on published research and in accordance with the data supplied by the manufacturer. No claim is made that any product is certain to alleviate, improve or cure any condition. The Information is only meant as a guide, and is not, nor is it intended to be, a substitute for seeking proper medical advice. Your doctor or other healthcare professional should always be consulted in relation to any medical condition you may have and certainly before following any Information or using any products supplied by us. The information contained therein may contain unintentional inaccuracies and/or typographical errors. Any liability for any such inaccuracies or errors, however arising, is expressly excluded to the fullest extent permitted by law - this does not affect your statutory rights. In the event of a mistake you will be contacted with a full explanation and a correction. The information displayed is not an offer for sale and no contract will exist between us until we have received and accepted your order. A reference on our sites to any persons, goods, web sites or services does not constitute or imply their endorsement, recommendation or favouring by any of the manufacturers, its employees, agents or sub-contractors. We acknowledge all trademarks.
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