Terms & Conditions

Protexin, Inc. (Protexin) has developed various probiotics products (each a “Product,” and together the “Products”).  You wish to purchase one or more Protexin Products. Protexin has created the website at www.bio-kult.com (the "Website" or the "Site") to provide an online platform for consumers to review information about our Products and to purchase our Products.

To assist you in using the Website, and to ensure a clear understanding of the relationship arising from your use of the Website and purchase of our Products, we have created (i) these Terms of Use and Terms of Sale (the "Terms") and (ii) a Privacy Policy.  Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site and purchase of our Products.  Our Terms and Privacy Policy apply to any visitor to the Website (collectively, “you”), including (i) casual visitors to our Site, who do not purchase Products (“Site Visitors”), (ii) individuals who register to use the Site, purchase Products, and otherwise provide information to us (“Registered Users”).  The terms “Protexin,” “we” and “us” refer to Protexin, Inc..

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE.  BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE REGISTRATION PROCESS OR BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE. 

1.   Your Agreement.  These Terms govern (i) your use of the Website, (ii) your purchase of our Products offered through the Website, (iii) your provision of information in connection with using the Website (“User Content "); and (iv) your use of information obtained through the Website, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Protexin or its licensors and made available to you through the Website (“Protexin Content”).  Please read these Terms carefully; they impose legal obligations on you and on Protexin, and establish our legal relationship.  By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. 

While you can visit the Website and review a range of information about Protexin and our Products without registering, to purchase Products, we ask that you become a Registered User.

In addition, if you become a Registered User, during the registration process for your user name and password (and from time to time as we may require) you will be prompted to click/check an "I Accept" button/box, which further confirms your agreement to be legally bound by these Terms.

2.   Obtaining a Password; Use of Your Password

2.1  Protecting Your Password.  We may make certain areas of the Website accessible only to users that have a password.  If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your username and password as “you.”  We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password.  Therefore, we recommend that you maintain your user name and password in confidence and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website.  We also ask that you notify us immediately if you suspect that someone is using your username and/or password in this or any inappropriate manner. 

3.   Your Consent to Our Privacy Practices.  As noted above, our Privacy Policy explains how we treat information you provide to us through the Site.

4.    Grant of Rights to Registered Users

4.1  Grant of Rights to Registered Users.  Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for Your personal purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Protexin Website to any third party; (ii) modify or make derivative works based upon the Protexin Website or Protexin Content; or (iii) reverse engineer, reverse compile, or access the Protexin Website in order to build a competitive product or service.

4.2  Duration of Rights.  You will continue to enjoy Your rights under Section 4.1 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless Your password is revoked or suspended for misconduct, as set out in Section 8 (Monitoring; Revocation or Suspension of Use Privileges). 

5.   Ownership; Reservation of Rights.  The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Protexin Content are the proprietary property of Protexin and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use.  Protexin and its licensors retain all rights with respect to the Website and the Protexin Content except those expressly granted to you in these Terms.  You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website unless specifically authorized in writing by Protexin.

6.   Registered User Grant of Rights

6.1  Grant of Rights to Protexin in User Content.  By submitting User Content, including product reviews, uploading files, or otherwise (if such features are available to you), you grant Protexin the right to use, copy, reformat, index, modify, display, and distribute your UserContent for the purposes of providing our Website.  No compensation will be paid with respect to Protexin's use of your UserContent under this grant.

6.2  Registered User Comments/Feedback.  Our Website may allow Registered Users to provide comments or feedback regarding our Website and our Products.  By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Products.

6.3  Rights/Permissions You Must Have in Your Submitted Content.  In submitting User Content, you warrant that you have sufficient authority and rights to post such Content and provide these use rights.  

6.4  Right to Decline Submitted Content.  We expressly reserve the right to refuse to use (or to disable) any User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Website.

7.   Code of Conduct.  AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW.  Under this Code, you will not:

• Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.

• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent. 

• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. 

•  Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.  Electronic materials – such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet).  These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement.  These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal. 

• Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

• Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website, such as through sending "spam" email.

• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.

• Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website. 

• Use the Website for any purpose that is unlawful or prohibited by these Terms.  For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

8.   Monitoring; Revocation or Suspension of Use Privileges.  We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. 

Although we have no – and assume no -- obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct.  We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct.  IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE PROTEXIN WEBSITE AT ISSUE.

Users should also understand that our Code of Conduct is based in many instances on principles of applicable law.  Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Protexin reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.

9.   Links to Third-Party Sites.  The Website may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites").  Protexin has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites.  Protexin does not endorse the content of any Linked Site, nor does Protexin warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access devices.  By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.

10.   User Conduct; User Disputes. Protexin is not responsible for and is not liable for the User Content or conduct of Registered Users.  You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users.  If you have a dispute with one or more Registered Users, you release Protexin(and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

11.   Terms of Sale

11.1  Prices; Payment.  The current prices for purchasing Protexin Products are posted at www.protexin.com, in addition to any applicable taxes indicated at the time of purchase or assessed thereafter(“Purchase Price”).  All prices noted at www.protexin.com are final and not subject to further adjustment.

11.2  Your Authorization.  By providing your credit card information, you (i) agree to pay the corresponding charges and authorize Protexin to charge such fees to the credit card provided by you at the time of purchase, (ii) represent and warrant to Protexin that the credit limit for the credit card you provided is sufficient for the charges, and (iii) you agree to be liable for the amount of your purchase (regardless of whether the credit limit for the credit card you provided is sufficient for such charges).  In the event that the credit limit for the credit card you provided is not sufficient for the charges or such credit card is cancelled , revoked or suspended before full payment is made, you agree (i) to provide Protexin with an alternative credit card and hereby authorize Protexin to charge the amount remaining due from you to such alternative credit card.

11.3  Delivery.  Upon payment by you, we will process and ship your order within the time frame specified at the time of purchase (the “Ship Date”).  We will use reasonable efforts to timely notify you of any delays in the Ship Date. 

11.4  Intellectual Property Notices.  You shall not remove or obscure any copyright, trademark, patent or other proprietary rights notice present on or displayed by or on the Products. 

11.5  Limited Warranty.  Subject to the other terms and conditions herein and to the exclusion of any other warranties applicable by law, Protexin warrants that the goods sold hereunder (i) will correspond materially with their specifications and will be free from material defects in material and workmanship at the time of delivery; (ii) in the case of fungible goods shall be of fair average quality; and (iii) shall be contained, packaged and labeled as required by law.  The foregoing warranty is provided by Protexin subject to the following exceptions:  (a) Protexin shall be under no liability for any defect in the Product(s) arising whether wholly or in part from (I) willful damage to or negligence attributable in any way to You; (II) Your storage or handling of the Product(s); (III) Your failure to follow Protexin’s instructions (whether oral or in writing) for handling and storage of the Product(s); or (IV) any combination of the Product(s) with goods not manufactured by Protexin.  Any warranty claim by You based on any defects in the quality or condition of the Products must be made in writing to Protexin within 30 days from the date of delivery.  For valid claims based on any defect in the quality or condition of the Product(s) or the failure of the Product(s) to meet specifications, or damage, short delivery or non-delivery notified in writing to Protexin as required herein, Protexin shall, as its sole obligation and liability to You, either replace the Product(s) in question free of charge or, at Protexin’s sole discretion, refund to You the price of the Product(s) in question.

11.6  Health Related Information. The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care practitioners. You should not use any information available on or through the Website to diagnose or treat any medical condition or disease. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should consult with your healthcare provider if you have health-related questions before using any of our products. You should discuss any medications and/or nutritional supplements you are using with your healthcare provider before using any new supplements. You should read carefully all instructions and contents of product packaging prior to use.

11.7  Limits On Protexin‘s Warranty Obligations.  EXCEPT FOR THE EXPRESS WARRANTY PROTEXIN PROVIDES IN SECTION 11.5 ABOVE, YOU TAKE THE PRODUCTS “AS IS.”  PROTEXIN MAKES NO OTHER WARRANTY OR REPRESENTATION CONCERNING THE PRODUCTS, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  IF PROTEXIN CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT POSSIBLE, THE DURATION OF SUCH IMPLIED WARRANTIES SHALL EXPIRE THIRTY (30) DAYS AFTER DELIVERY. THE REMEDIES SET OUT IN SECTION 11.5 (Limited Warranty), ARE YOUR EXCLUSIVE REMEDIES RELATED TO PROTEXIN PRODUCTS.

11.8  Returns and Refunds.  If you are not satisfied with your Product, you can request a return within 30 days from the date of delivery.  To receive a full refund, you must provide proof of your date of delivery.  You are responsible for the cost of shipping the Product back to Protexin.  Approved returns will receive a full refund of the Purchase Price. The cost of shipping cannot be recovered from shipping providers, and is not refundable.  Once your returned Product is received, inspected, and approved, any refund amount will be processed to the credit card used in the original purchase.  To return the Product within 30 days of your purchase date, contact Protexin Customer Service:

Call: 786 310 7233
Monday thru Friday 07:30 – 3:30 pm EST
Email: contact@bio-kult.com

12.  Website Warranty Disclaimer.  PROTEXIN DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT.  THE WEBSITE AND ALL CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK.  PROTEXIN DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM PROTEXIN SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

PROTEXIN DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE PROTEXIN WEBSITE AND RELATED CONTENT IS AT YOUR SOLE RISK. 

13.   Limitation of Liability.  YOUR REMEDIES UNDER SECTION 11.5 (Limited Warranty), ABOVE, ARE IN LIEU OF ALL OTHER RIGHTS AND REMEDIES, AND PROTEXIN SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING (i) DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, AND SIMILAR DAMAGES, (ii) LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, (iii) DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY PROTEXIN, ITS AGENTS, OR EMPLOYEES, OR (iv) ANY INDIRECT, CONSEQUENTIAL LOSS OR OTHER DAMAGE HOWSOEVER CAUSED INCLUDING DAMAGE RESULTING (a) FROM THE PURCHASE, USE, OR MISUSE OF THE PRODUCT(S), (b) FROM ANY INABILITY TO USE THE PRODUCT(S), (c) FROM THE COST OF SUBSTITUTE PRODUCT(S), OR (D) USE OF THE PROTEXIN WEBSITE AND RELATED CONTENT.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PROTEXIN EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM AT ISSUE. Some States do not allow limitations on how long an implied warranty lasts, and do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 

14.   Indemnity.  You agree to defend, indemnify, and hold Protexin and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

15.   Contact for Alleged Copyright Infringement.  Protexinrespects the intellectual property rights of others and requires that its users do the same.  If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

Jonathan Sowler, jonathan@protexin.com

Your notice must comply with the DMCA.  Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

16.  Modifications to these Terms.  We may modify and change these Terms over time.  We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website.  Please feel free to print out a copy of these Terms for your records. 

17.  Assignment.  These Terms shall not be assignable by you, either in whole or in part.  Protexin reserves the right to assign its rights and obligations under these Terms.

18.  General.  These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions.  Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida in the judicial district where Protexin has its principal place of business.  The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts.  If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Protexin’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Protexin and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

19.  Survival.  The following provisions shall survive the termination of these Terms and shall apply indefinitely: 

Section 5 (Ownership; Reservation of Rights)

Section 11.7 (Limits On Protexin‘s Warranty Obligations)

Section 12 (Warranty Disclaimer)

Section 13 (Limitation of Liability)

Section 14 (Indemnity)

Section 17 (Assignment)

Section 18 (General)

Section 19 (Survival)

20.  Relationship to Privacy Policy and Other Contracts.  These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website or our Products (if any), and (ii) with our Privacy Policy.  The provisions of our Privacy Policy are incorporated herein.  To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control.  Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control. 

21.  Contact UsIf you have any questions about these Terms, the practices of this Site, or your dealings with this Website, or any other reason please contact us by phone or email:


Phone: (786) 310-7233

Email: contact@bio-kult.com

 

Effective DateThe effective date of these Terms is 1st June 2017.  

 


1. DEFINITIONS

1.1 In these Terms:

1.1.1  you or your, we mean you, the customer ordering and purchasing Product(s);

1.1.2   we, us or our, we mean Bio-Kult (company number 1122942), whose registered office is at Probiotics International Ltd (Protexin), Lopen Head, Somerset, TA13 5JH,]. VAT number GB 651 2105 81:

1.1.3  Shipping Terms, we mean the terms that apply to our Product delivery services, full details of which can be found here 

1.1.4   order, we mean an order placed by you for Product(s) through our Website or using such other means as we may permit from time to time;

1.1.5   our agreement, we mean our agreement as defined in clause 2;

1.1.6   Privacy Policy, we mean our privacy policy, full details of which can be found here

1.1.7   Product or Product(s), we mean the goods and products that we sell;

1.1.8   Terms, we mean these terms and conditions of sale; and

1.1.9   Website, we mean the website ([www.bio-kult.com] (or such other URL as we may specify from time to time)) that is operated by us or on our behalf.

These Terms set out the basis on which we sell Product(s) to you. Subject to clause 3.5, by submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Product(s) from us through our Website.

 

2.  OUR AGREEMENT WITH YOU

2.1  Each order you place and purchase of Product(s) you make is subject to these Terms, our Shipping Terms (where relevant), and any additional terms that apply to any promotional or special offers (together our agreement).

 

3.  ORDERING PRODUCT(S) FROM US

3.1   You will have an opportunity to check and correct any input errors in your order via the Website up until the point at which you submit your order by clicking the [confirm and pay] (or similar)] button on the check-out page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the [confirm and pay] button, you will need to pay for the Product(s) you have ordered via the Website.

3.2   Your order is an offer to purchase from us. When you place an order with us, you do so in accordance with the terms of our agreement, subject to our acceptance of your order. We will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.

3.3   Unless we have notified you that we do not accept your order or you have cancelled it in accordance with our returns policy prior to dispatch, we accept your order when the Product(s) are despatched to you.

3.4   We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).

3.5   Our agreement is formed when we accept your order. The processing of your payment and acknowledgment of receipt of your order (by email) does not constitute legal acceptance of your order.

3.6   If we accept your order, we have a legal duty to supply our Product(s) in conformity with our agreement.

3.7   You must be 18 or over to purchase Product(s) from us via our Website.

 

4.  PRICING AND DELIVERY CHARGES

4.1  Unless otherwise stated, prices for Product(s) are inclusive of value added tax (VAT). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

4.2   Prices for Product(s) exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select; please see our Shipping Terms for further details. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and added to your order.

4.3   We may update prices at any time. Despite our best efforts, a small number of the many products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Product(s) at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

4.4 [From time to time we may apply promotional prices to Product(s) on this Website. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.]

 

5.  AVAILABILITY OF PRODUCT(S)

5.1 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in clause 4.3, we will inform you of this by [e-mail or telephone] and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount including any delivery costs charged.

 

6.  PRODUCT IMAGES AND DESCRIPTIONS ON THE WEBSITE

6.1   The images of the Product(s) on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Product(s). Your product(s) may vary slightly from those images.

6.2   The packaging of the Product(s) may vary from that shown in images on our website.

 

7.  PAYMENT

7.1  The total cost of your order and/or purchases is the price of the Product(s) and applicable delivery charges.

7.2   We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.

7.3   Payment can be made by:

7.3.1   Credit Card – we currently accept all Visa, MasterCard, and American Express. Unfortunately, we are unable to accept pre-paid credit cards;

7.4  If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

7.5   We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.

 

8.  DELIVERY AND SHIPMENT OF YOUR ORDER

8.1   When you order Product(s) the terms that apply to your delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated in our Shipping Terms.

8.2   You can see a full set of our Shipping Terms on the Website.

8.3   Subject to availability and our Shipping Terms, where we have agreed to deliver the Product(s), our carrier will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your order. In the event that a delivery does not take place, our carrier will agree an alternative delivery date with you.

8.4   You must also do all that you reasonably can to enable the delivery to take place on the given date. If our carrier is unable to deliver the Product(s) as a result of your action or inaction (for example, you are not present at your property), our carrier will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.

8.5   Unless we have agreed otherwise, Product(s) must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Product(s) to the address you specified in your order.

8.6   If you do not receive your Product(s) on the stated delivery date, you must notify us immediately.

8.7   You will own the Product(s) once we have received payment in full . On delivery of the Product(s) to you, the Product(s) shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage.

 

9.CANCELLATION OF YOUR ORDER

9.1 You may cancel your order (or any part of it) for any reason before dispatch (where applicable) or within 14 days after the date of delivery:

9.1.1 e-mailing us at info@bio-kult.com; or 

9.1.2 by telephone on +44 (0) 1460 243230 (lines are open 08.30 to 17.00 Monday to Friday); or

9.1.3 writing to us at Probiotics International Ltd (Protexin), Lopen Head, Somerset, TA13 5JH

cancel the order (or part of it) and arrange return (if we request that you do so).

9.2   Where your order comprises multiple delivery shipments, the 14 day cancellation period for the Product(s) in your order runs from the date of the delivery of the last shipment to you.

9.3   You will lose your right to cancel after the expiry of the [14 day] period referred to in clauses 9.1 and 9.2 (this does not affect your rights if there is any problem with the Product(s)).

9.4   You may use the cancellation form at the end of these Terms, but you do not have to.

9.5   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.

9.6   Your right to cancel your order set out above is subject to the following exclusion. Your right of cancellation will not apply to Product(s) which are sealed and which will not be suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

9.7   You may need to take delivery of the Product(s) before you can cancel your order if the Product(s) are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this clause and clause 11.

 

10.  RETURNS AND REFUNDS

10.1   Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elected to use a more expensive delivery method. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 14 days after the day:

10.1.1 you notified us to cancel your order, where you have not received the Product(s) (and the Product(s) have not been despatched to you); or

10.1.2 we receive the Product(s) you returned to us, where you are in receipt of the Product(s); or

10.1.3 you provide us with a proof of return for the Product(s), where you have returned the Product(s) but we have not yet received them.

10.2   If you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order.

10.3   You must arrange for the return of the Product(s) as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we agree that you may dispose of the Product(s) (in which case you must comply with any disposal instructions). Unless the Product(s) is (are) faulty you will be responsible for the cost of returning the Product(s).

10.4   You must keep the Product(s) you wish to return in your possession and take reasonable care of the Product(s) at all times while they are in your possession. This means that you must not use the Product(s) (except to the extent reasonably necessary to inspect and examine them).

10.5   We reserve the right to make a deduction from the amount of any refund for loss in value of the Product(s) returned where the Product(s) show signs of unreasonable use; for these purposes, unreasonable use includes handling the Product(s) beyond what is necessary to establish the nature, characteristics and functioning of the Product(s), in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Product(s) (or they have been dispatched to you), we may withhold any refund until we have received the Product(s) or you have supplied proof of return for the Product(s).

YOUR CONSUMER RIGHTS ARE NOT AFFECTED

 

11. FAULTY PRODUCT(S)

11.1   On receipt of the Product(s) you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible.

11.2   In addition to the right to cancel an order as described in clause 9, if there is a problem with your order or the Product(s) you purchase is(are) faulty, we may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Please call us on +44 (0) 1460 243230 (lines are open lines are open 08.30to 17.00 Monday to Friday or e-mail us at info@bio-kult.com.

11.3   our responsibility for loss or damage suffered by you

11.4   In your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:

11.4.1   loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);

11.4.2   loss which arises when we are not at fault or in breach of our agreement; and

11.4.3   business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

11.5   Where you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.

11.6   Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.

11.7   Our Website may contain information and materials created and submitted by third parties, and, subject to clauses 11.5 and 11.6, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.

 

12.   OUR RIGHTS TO CANCEL

12.1 We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Product(s) to you, provided that where you have paid for Product(s) in advance of our cancellation of our agreement, we shall, at our discretion, supply those Product(s) to you or cancel the supply of those Product(s) and refund you the price paid for those Product(s).

 

13.   EVENTS BEYOND OUR CONTROL

13.1   We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Product(s) supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

 

14.  COMPLAINTS

14.1   If you make a complaint, we will endeavour to keep you informed either by telephone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.

 

15.   YOUR PERSONAL INFORMATION

15.1 In the course of our dealings with you we will collect and process personal information about you, including to administer and process your order, and to provide the Product(s). Further information on the manner in which we process personal information is set out in our Privacy Policy, a copy of which is available [here]

 

16.   GOVERNING LAW

16.1   Subject to clause 16.2, you and we agree that our agreement is governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.

16.2   Regardless of clause 16.1, you and we agree that if you are a resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there.

 

17. OTHER IMPORTANT TERMS

17.1   If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.

17.2   No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

17.3   If we fail to insist that you perform any of your obligations under our agreement, 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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.4   You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.

 

18.   UPDATES TO THESE TERMS

18.1   We may update, vary and amend these Terms from time to time without prior notice. Each time you order or otherwise purchase a Product from us, the Terms in force at that time will apply (as set out on our Website). Please check on our Website to ensure that you understand which Terms apply.

18.2   These Terms were last updated on 1st September 2017.

 

19.   CONTACTING US AND YOU

19.1   If you have any questions, complaints or concerns with respect to your order or these Terms, please contact us by email at info@bio-kult.com or by telephone on +44 (0) 1460 243230. Calls that you make to us may be monitored and/or recorded for quality control and training purposes.

19.2   Any formal legal notices should be sent to the Commercial Director to our registered office at Probiotics International Ltd, (Protexin),Lopen Head, Somerset, TA13 5JH

19.3   If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your order or we otherwise hold for you.



 

Cancellation Form

Address: Probiotics International Ltd, (Protexin),Lopen Head, Somerset, TA13 5JH

Email address: info@bio-kult.com

I/we hereby give notice that I/we cancel my/our contract of sale of the following goods:

Ordered on/received on:...........................................

Name of consumer(s):..............................................

Address of consumer(s):...........................................

Signature of consumer(s) (only if this form is notified on paper):
..................................................................

Date:...........................................