- An order for goods placed by you, the buyer, through the website shall be subject to these terms and conditions.
- All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- Nothing in these terms and conditions shall affect the statutory rights of any consumer.
- The customer waives any rights to rely on any terms contained in any other document that is inconsistent with these terms & that advertisements/ drawings are produced to give an approximate idea only and do not form part of the contract or have any contractual force.
- All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions.
- A minimum spend of £500 per order (excl Vat & Shipping) is required.
- You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the website and we will not be obliged to accept an order unless all details requested on the website have been entered correctly.
- No order submitted by you, the buyer, shall be deemed to be accepted by us until we have received the website confirmation email.
- We are entitled to refuse any order placed by you and will not be required to provide an explanation.
- Our services primarily refer to the purchase of sports and health nutritional & supplement products. We will not commit to providing packaging, labels or printing services without them being part of the purchase of products.
- Where orders require more than 500 labels to be printed, they will be sent to external printers. In rare circumstances, this may affect the lead times which you will be kept up to date with as far as possible.
- Non pre-printed sachets are dispatched with the product separate to the adhesive vinyl labels and customers must apply the labels themselves after the order has been delivered.
- For sachet orders, a minimum of 10kg or raw materials is required.
- Subject to receiving a valid order, we will manufacture the volume of items requested to the agreed specifications subject to a + or – 10% of items.
- In addition we will use the agreed formulae to produce your order allowing for a+ or- 10% fluctuation in raw material content for key ingredients to take account of fluctuations within natural ingredients: e.g. where whey protein may vary in % concentrate level depending on moisture content.
- We understand customer requirements for a quick turnaround of orders. As we manufacture to order we will aim to deliver your order as soon as possible after the order has been placed and paid for. However, our standard lead time is 21 working days from the date of artwork signoff. We will keep you informed of any changes earlier or later to this date.
Price and Payment
- The price of the goods will be the price displayed on the website at the date the order is received and will include VAT but not delivery unless specified otherwise.
- The price displayed at the time of an order being placed is the price that will be paid.
- On confirmation of acceptance of your order, under these terms and conditions, full payment must be made via the website.
- We will issue you with an electronic receipt to your e-mail address once the order has been accepted.
- We will charge an additional storage fee of £10 per pallet per day for goods not collected by the Monday following notification by us that your order is ready for dispatch.
- If you want us to dispatch goods to an alternate address, this can be arranged for you within 24 hours of placing an order. This will be at your expense.
- We are registered in accordance with the provisions of the General Data Protection Regulations and confirm that any personal information, including details of any debit or credit card account provided by you, the buyer, will not be shared with any third party without your permission.
- The goods may be collected by you or will be delivered to you, the buyer, at the address provided by you.
- The title and risk in the goods shall pass to you once delivery has been paid for in accordance with these terms and conditions.
- Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any failure to deliver goods due to a force majeure event or the customer’s failure to provide adequate delivery instructions losses incurred by the delay in delivery of the goods however caused.
- The price of the goods does not include, and we are not responsible for, any duties, taxes or other levies payable on the arrival of the goods in any country outside of the United Kingdom and such duties, taxes and levies are the responsibility of you, the buyer.
- You, the buyer, should inspect the goods as soon after delivery as is reasonably practicable and notify us by e-mail to firstname.lastname@example.org any shortages, defects in the goods or other complaint within 48 hours from the date the goods were delivered.
- In the case of a complaint in relation to the delivery or the products themselves, you must inspect the pallet and keep photographic evidence of any errors in order to make a claim.
- Any issues, rejection or damage must be written on the delivery company documentation and must include photographic evidence.
- If you, the buyer, fail to comply with this clause we will not be held liable in respect of any shortages, defects or other complaint which should have been brought to our attention within this period.
- For standard products, You, the buyer, may cancel an order within 24 hours of placing and paying for your order. Refunds will be made within 14 working days. For more information on returning items please contact email@example.com
- For bespoke orders (where we have sourced raw materials for you not used by any other clients), we reserve the right to charge compensation for costs incurred prior to production and before the order cancellation.
- You, the buyer, warrant that all details provided on the order for the purpose of purchasing the goods are correct, that the debit or credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
Force Majeure – Limitation of Liability
- Neither the Seller nor the Buyer shall be held liable for failure or delay in the performance of its obligations under this Contract, if such performance is delayed or hindered by the occurrence of an unforeseeable act or event which is beyond the reasonable control of either party (“Force Majeure Events”).
- Acts or events constituting Force Majeure Events shall include, but not limited to Act of God, government intervention, directives or policies.
- The party affected by a Force Majeure Event shall notify the other as soon as soon as reasonably practicable after commencement of a Force Majeure Event.
- The company accepts that liability for death, fraud etc is not excluded (as required by law) but we will not be liable for any indirect/ consequential losses and our total liability is capped at the price of the goods.
Label Design and Approval
- Vydex Corporation Limited reserves the right to carry out any alteration(s) deemed necessary to customer labels, artwork or text, to correct errors or inappropriate product efficacy claims. Changes must be approved by you as in para. 40 below.
- Vydex Corporation Limited will to the best of its ability produce customer labels according to the customer’s instructions and also implement the guidelines provided by the OFT (Office of Fair Trading) regarding Food and Food Supplements labelling legislation. However, it is the responsibility of the customer to ensure that all required elements and the accuracy of each label is correct prior to final printing.
- In all cases a customer signed approved copy of the final label must be sent to Vydex Corporation Limited before going to print and production of the customer’s product(s).
- Vydex will not be liable for errors in printing from third party printers where the customer has signed off the artwork and wording.
- Vydex Corporation Limited will not be liable for any breach of copyright, Intellectual property or use of license marks where the customer has supplied the artwork and wording for label printing.
- A print only service without purchase of products is not available
New Product Development
- If you need to utilise our product development department to develop a bespoke product for you, we are happy to discuss this with you. If there is a minimum first order quantity of 100kgs or 125,000 tablets/capsules of any new product there will be no development cost. If the order is for a quantity under 100kgs, R&D time will be charged at our standard rate of £50/hour.
- Additional New Product Development terms and conditions may apply.
- Refunds will be made within 14 working days.
- These terms will constitute the entire agreement between the parties except where it is stated that additional terms apply see above.
- All termination notices for this agreement should be in writing (including email) and will be deemed to be received once they have been opened.
- Both parties to this agreement, upon acceptance of an order will be deemed to have accepted the right of confidentiality between the parties during this transaction.
- We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will give you 1 month notice in writing.
- If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
- The laws of England and Wales will apply to this Agreement and the parties agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
- The headings in this Agreement are for convenience only and will not affect their interpretation.
- These terms and conditions override any other terms and conditions that may exist or be imposed by customers. By placing an order with Vydex Corporation Limited, purchasers agree to be bound by and accept the override the terms and conditions valid on the date of purchase.