Terms & Conditions
Welcome to the OptiBac Probiotics website terms and conditions of use. These terms apply to all users visiting our website at www.optibacprobiotics.co.uk from within the UK and abroad. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS - WITHOUT EXCEPTION.
Details of website ownership & operation
The www.optibacprobiotics.co.uk website is operated by:
UK registered companies Wren Laboratories Limited and sister company Medipharma Limited, whose registered offices are 21 & 22 Mayfield Avenue Industrial Park, Andover, Hampshire SP11 8HU.
Wren Laboratories' registration number is: 5094520
Wren Laboratories' VAT registration number is: GB 847146119
Medipharma's registration number is: 2658133
Medipharma's VAT registration number is: GB 574324144
Our contact details are as follows:
Trading address: 21 & 22 Mayfield Avenue Industrial Park, Andover, Hampshire, SP11 8HU. UK
General email: [email protected]
Telephone number: +44(0)1264 369 936
Fax number +44(0)1264 339 770
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.3 This is a UK website, intended for UK healthcare professionals and trade visitors, and not members of the public. If you are from outside of the UK please contact us at the address above.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3.1 All prices include VAT (where applicable) at the current rates. On the order receipt the VAT charges are shown separately.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to [email protected] before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The goods must be unopened and with all packaging returned inclusive (except in the case of product defect). Unless the liability for the return lies with us, the costs of returning goods to us shall be borne by you. We reserve the right to charge a fee of not more than 20% of the RRP as a re-stocking/admin charge in circumstances where the goods have been supplied correctly and as specified in the customer order but returned with no explanation or product defect.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required. Goods purchased at 'sale prices' will be refunded at sale purchase price when returned outside of a normal sale period.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: -
(a) in the event that the product has been used
(b) to any products that by their nature have a limited lifespan, such as certain nutritional oils and all probiotic and prebiotic containing products of a non-ambient nature
(c) Trade returns made without valid RMA authorisation. Please see below for trade and Practitioner customers
The provisions within clauses 4.2, 4.3 and 4.4 do not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3. We always log the I.P. address of all site users as well as a geographic location of the originating computer and pass this information to the authorities for use in the case of fraud of any kind.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the OptiBac Probiotics logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any OptiBac Probiotics trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with www.optibacprobiotics.co.uk you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
Payment & Pricing
11.1 Payment will be taken automatically at midnight (GMT) on the day your subscription is due.
11.2 If your payment details change, you must update your subscription in order to continue receiving your orders.
11.3 You agree that we are not legally responsible for any banking or overdraft fees incurred when your order subscription is renewed.
11.4 Discount codes are currently not available on order subscriptions. Orders over £100, however, will continue to receive free delivery.
11.5 In the event that we increase the recommended retail price of our products, or the cost of delivery, your order subscription total will increase accordingly.
Delivery & Availability
11.6 Your order will be dispatched on the next working day.
11.7 If an item is out of stock, you will not be charged for that portion of the order.
11.8 You can cancel your subscription at any time by e-mailing [email protected] or logging into your account and deleting the subscription.
11.9 Cancellations must be made before your next subscription is due. In the event that the order has been raised, but not dispatched, you may still cancel and receive a full refund.
11.10 We reserve the right to change these additional terms and conditions at any time. We will notify you of applicable changes via e-mail.
11.11 We reserve the right to cancel or restrict your use of our subscription service. We also reserve the right to withdraw this service at any time.
12. Online Competition - #myoptibac Competition
12.1 The Promoter of this prize draw is Wren Laboratories Ltd (registered in the UK under company number 5094520 and with its registered office at 21 & 22 Mayfield Avenue, Industrial Park, Andover, Hampshire, SP11 8HU) (the “Promoter”).
12.2 The Promoter is offering those who enter this promotion a chance to win one £50 gift voucher which can only be used to purchase OptiBac Probiotics products at OptiBacProbiotics.co.uk.
12.3 To enter this prize draw, entrants must take a photo of an OptiBac Probiotics product and share this on Twitter, Instagram or Facebook using hashtag #myoptibac and tagging @OptiBac - ensure image settings allow OptiBac to view the image.
12.4 Entrants must be UK residents, aged 18 years or over. This promotion is not open to any employees of the Promoter or any of their affiliate companies, their families, agents or anyone else connected with this prize draw.
12.5 One entry allowed per person per month. Entries submitted on behalf of another person will not be accepted and joint submissions are not allowed. Incomplete, illegible, misdirected or late entries will not be accepted.
12.6 The promotion is open on an ongoing basis starting at 09.00 on 1st March 2018 (the “promotional period”). The Promoter reserves the right to withdraw the competition at any point.
12.7 One winner will be drawn each month and will win a £50 gift voucher to purchase OptiBac products. The prize is non-refundable, non-transferable and non-exchangeable and there is no cash alternative offered.
12.8 The Promoter reserves the right to offer an alternative prize of equal or greater value. In the event of unforeseen circumstances or circumstances outside its reasonable control, the Promoter reserves the right to modify or discontinue, temporarily or permanently, this promotion without prior notice.
12.9 The winner will be selected based on the best image and will be drawn from all valid entries received during the promotional period. The draw will take place no later than 7 days following the end of the promotional period.
12.10 The winner will be notified within 5 days of the draw via private message on the platform where they enter the competition. They will be asked to provide their UK postal address in reply via email. If a winner fails to respond and/or to give a valid UK address and email address within 5 days of this notification, or declines their prize, a redraw will take place from the remaining valid entries to select a new winner (however, this 5-day period may be extended at the Promoter’s sole discretion). If any winner declines their prize, or fails to respond within the required period, they forfeit any right to the prize.
12.11 The prize will be sent via email to the email address supplied within 1 week following provision of the winner’s address in accordance with paragraph 11.
12.12 The Promoter does not accept responsibility for network, computer or software failures of any kind and has no responsibility for lost, delayed or misdirected entries.
12.13 By entering this competition you agree that the promoter may store and use the data you enter into this competition and contact you via email. You agree that the promoter may store and use the image and comment you enter into this competition, and may use your competition entry in its social media channels and website (including, but not limited to, Facebook, Twitter, Instagram, Pinterest, YouTube and OptiBacProbiotics.co.uk), worldwide and without limit of time. You understand that you won’t have any right to preview or pre-approve the content (and, that you won’t be entitled to any kind of payment) in the event that it is used by OptiBac Probiotics as noted above.
12.15 You agree to be bound by the decisions of the Promoter, which are final in all matters relating to the promotion. No correspondence will be entered into in respect of the Promoter’s decisions.
12.16 These terms and conditions shall be governed by and construed exclusively in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England, including the seeking of all injunctive or ancillary relief actions.