Mineral Test Kit

Terms & Conditions for Mineral Test Kit Web Site
These terms and conditions and the Web Site disclaimers apply to Your use of the Web Site www.mineraltestkit.co.uk and any purchase You make. Please read through these terms and conditions and the disclaimers and print off a copy for future reference.

1.1 In these Conditions, the following words have the following meanings unless the context otherwise requires:

"Contract" Means any contract between You and Us incorporating these conditions for the sale of Products;
"Liability" Means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
"Products" Means any and all products ordered from Us by You;
"We, Us, Our" Means Nutri-Link Ltd trading as Mineral Test Kit; and
"Web Site" Means the Web Site You are looking to order from;
"You, Your, Yourself" Means the person whose order for Products is accepted by us.

2.1 These conditions shall govern the purchase of any Products off the Web Site to the exclusion of any other terms and conditions.

2.2 Orders placed by You leading to a Contract which is not expressed to be subject to these conditions shall still be subject to them.

2.3 These conditions supercede all previous terms and conditions and shall replace any terms and conditions previously notified to You.

2.4 No variation to these conditions shall be binding on Us unless agreed in writing between You and one of Our Directors.

2.5 Our employees are not authorised to make any representations or warranties concerning the Products or the Web Site unless confirmed by Us in writing.

2.6 No oral representations or warranties shall bind Us (unless given by one of Our Directors.)

2.7 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.

2.8 We may modify these Conditions at any time. It is Your responsibility to keep the Conditions under review. Your continued purchase of Products and continued use of the Web Site shall be deemed to be Your acceptance of any modification which will apply to any subsequent orders placed by You and Your subsequent use of the Web Site.

3.1 You may place orders for the Products either via the Web Site, by fax, by post or by telephone.

If You wish to place Your order by fax or post, please print off the relevant order form from the Web Site, complete it and return to Us, using the contact details specified. If You wish to place Your order by telephone, please call 08701 420 066. Telephone orders do not include any Web Site based offers that are unique to Web Site purchases.

3.2 We have the right to refuse to accept any orders placed for the Products. Your order for Products shall only be binding upon Us when We send Our order confirmation to You by email.

3.3 You shall be responsible for the accuracy of Your order and for giving Us any and all information necessary for Us to perform the Contract. When You input Your details via the Web Site, You are responsible for ensuring that all information You give Us is correct. Our ordering process on the Web Site will provide You with instructions as to how to correct any input errors. When ordering by post or fax, it is Your responsibility to ensure that the details You include on the order form are correct and legible. If You order by telephone, We will read back Your details to You. You must inform Us of any errors in Your details at that stage.

3.4 Products are subject to availability. If We are unable to supply You with the Products due to the fact that they are out of stock, We will inform You as soon as possible. You will be given the option of (i) waiting until the Products are in stock when We will perform the Contract; or (ii) canceling Your affected order and obtaining a full refund (if We have already received payment from You for the cancelled Products.)

3.5 We try and ensure that all the details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error, We will advise You as soon as possible.

3.6 Please note that any details and/or specifications for the Products produced by Us (including but not limited to any photographs of the Products) are intended as a guide only.

3.7 We do keep copies of all orders We receive and accept for a period of 6 years from the date of the order.

4.1 We will not accept any orders for the Products from anyone under the age of 16 years. By using the Web Site and/or placing orders for the Products, You confirm that You are aged 16 years or over.

5.1 The materials contained on and accessed via the Web Site are for reference only. You may print off copies for Your information but these documents are only for Your own personal use, nobody else's.

6.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations.

6.2 You shall have a period of 7 working days from the date of receipt of Your order in which to cancel Your order. You may cancel Your order by sending an email to Us at info@mineraltestkit.co.uk or calling Us on +44 08701 420 066 and We will refund any monies You have paid to us in respect of the cancelled Order.

6.3.1 Products which have been used or, where the Products are in a sealed container/ package, where the seal is broken.

6.4 If the Products have already been delivered to You, You must return them to Us by Registered Post as soon as possible. You must take reasonable care of the Products whilst they are in Your possession and You must not use them. Please return the Products to Us in their original packaging.

6.5 We will only refund the purchase price (if We have already received payment) when We have received the returned Products from You in an undamaged state. You will not receive a refund of any delivery charges We incurred in sending the Products to You and We may also deduct from the refunded purchase price any handling and banking charges.

6.6 We shall have no Liability to You in respect of any cancelled orders other than the return of any payment You may have made before cancellation (subject to the deductions listed in clause 6.5 above).

7.1 Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control.

7.2 Our distribution site is in the UK . As a general rule, We will dispatch the Products to You on the same day as We accept Your order (subject to the Products being in stock) or the next working day if Your order is placed outside of normal working hours. In most cases, We do charge for delivery and packaging. These delivery prices are detailed on the Web Site and are subject to change.

7.3 In the UK orders for whole kits are sent by City Link for next day delivery. Any orders for delivery in Europe shall be dispatched from the UK and will normally take 3-5 working days for delivery. We allow a period of up to 28 days from the date of the order to allow for items to be sent to You.

7.4 Where Products are to be delivered in instalments, each delivery shall constitute a separate and distinct contract and failure by Us to deliver, or any claim by You in respect of, any instalment shall not entitle You to repudiate and/or terminate this Contract as a whole.

7.5 You have no right to reject Products and shall have no right to rescind for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than [14] days in which to do so and the notice has not been complied with.

7.6 We shall not be required to fulfil orders for Products in the sequence in which they are placed.

7.7 In most cases, orders will be delivered to You by City Link, requiring a signature to confirm receipt. It is Your responsibility to ensure that there is someone at the delivery address to sign for the Products when delivered. Alternatively, it is Your responsibility to collect the Products from any postal collection depot and/or arrange an alternative delivery date if You are not available to sign for the Products.

7.8 We are not responsible for the Products and their safe delivery after they have left Our possession. If You have any issues regarding non-delivery, late delivery and/or damage to the Products during transit, You must take this up with the carrier. We will provide You with their details on request.

8.1 The price for the Products is as shown on Our Web Site at the date of Our acceptance of Your order.

8.3 Unless otherwise stated, all prices are inclusive of VAT (or other similar sales tax).

8.4 While We try and ensure that all prices on Our Web Site are accurate, errors may occur and prices may vary. We use an automatic system that converts the price into the stated currency based on the then current exchange rate. As and when You place Your order, the correct price will be confirmed. If You do not agree to the price, do not proceed further with Your order. If We discover an error in the price of the Products You have ordered We will inform You as soon as possible and give You the option of either re-confirming Your order at the correct price or cancelling it. If We are unable to contact You, Your order will be cancelled. If You cancel an order due to an error in price and We have already received payment for the affected Products, You will receive a full refund.

8.5 You will be informed in writing by Us of any increases in prices for the Products, which may have occurred between You placing Your order and Our acceptance of that order. You may cancel without any Liability any order in relation to which the price is increased.

8.6.1 If You are ordering online via the Web Site; the shopping facility on this site is encrypted using 128 bit encryption. All credit card information is dealt with directly by the Payment Service Provider, Protx and the acquiring bank, HSBC. At no point do employees of Nutri-Link Ltd trading as Mineral Test Kit see Your credit card details. All other personal information (if any) is kept on a secure server and is accessed only by Nutri-Link Ltd employees.

We are not responsible for Your data once it is out of Our control. We accept no Liability for any loss and/or damage that You may suffer as a result of the credit card merchant's acts and/or omissions. In respect of each credit or debit card transaction, We strongly advise that You print off and retain a copy of the card transaction in an easily accessible place for future reference;

8.6.2 If You are placing orders by fax, when completing the order form please complete details of Your debit/ credit card as requested on the form. Please note that fax is not a secure method of communication and We therefore accept no liability for any loss and/or damage that You may suffer as a result of faxing Your credit/ debit card details to Us. As with online payments, Your card details and data will be passed to Our credit card merchant HSBC in order to process payment;

8.6.3 If You are placing Your order by telephone, We will ask for Your credit card or debit card details in order to take payment. As with online payments, Your card details and data will be passed to Our credit card merchant HSBC in order to process payment; and

8.6.4 If You are placing Your order by post, please complete the order form and send it to Us, along with payment by way of postal order, cheque or cash (UK GBP only), to the address given. We advise You to send Your order by registered post to ensure it arrives safely. We have no liability to You in respect of orders that do not reach Us.

8.7 We will not accept Your order until such time as We receive confirmation from Our credit card merchant that Your payment has been authorised and/or We have received payment in full in cleared funds.

8.8 If for any reason payment in full is not made, We may withhold or suspend delivery of the Products.

9.1 Risk in the Products shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Products are passed to Our nominated carriers.

10.1 If You discover that the Products are faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).

10.2 We may ask You to return the faulty Products to us for inspection before We send You a replacement. If the Products are faulty, We will replace the faulty Product at no additional cost to You and refund any reasonable costs You may have incurred in returning the faulty Product to Us.

11.1 We are confident that You will be satisfied with the Products You have ordered. As a result, We offer You a full refund of the price You have paid for the Products, less any handling and banking charges, if You are not satisfied that the Products have met the purpose for which they Were supplied (irrespective of the level of success achieved) provided that:

11.1.1 You use the Products fully in accordance with Our instructions (either as set out on the Web Site and/or sent with the Products);

11.1.3 You provide Us with any and all information We ask for on the Web Site in order to qualify for a refund.

11.2 To claim Your refund under this guarantee, please contact info@mineraltestkit.co.uk . Any claim must be submitted within 3 months of Your purchase of the Products.

11.3 Please be aware that the Products work differently for different users. Differences in metabolism, health and lifestyle can affect the time required to achieve results. You may not experience immediate results.

12.1 When You use Our Web Site, You will be asked to provide certain personal information such as Your contact details, credit/debit cards or other payment details. We will store the data You provide to Us on computers or otherwise. Data will be held in the UK where the Web Site is hosted.

12.2 We will comply with the requirements of all data protection legislation in force in England and Wales from time to time. In particular, You may request a copy of any personal data We hold about You upon written application. Please note that We reserve the right to charge the current statutory fee for providing You with such information.

12.3 We will process Your personal data in an ethical manner. It will be used for the following purposes:

12.3.2 to administer Our Web Site services which may involve sharing information with Our services providers;

12.3.4 for assessment and analysis (e.g. market, customer, product analysis) to enable Us to review, develop and improve the services which We offer and to enable Us to provide You with relevant information through Our marketing information; and/or

12.3.5 to notify You of any Products that We think may be of interest to You unless You inform Us that You do not wish to receive such information.

12.4 We may also disclose Your information to anyone to whom We transfer or may transfer Our business and/or Our rights and duties under the Contract with You or to the police or any other regulatory or government authority where We are legally required to do so.

12.5 We may sell and/or share Our database(s) of customers with third parties but You will be informed of this occurring and be given the opportunity to request that Your data not be used by the third party.

12.6 If You do not wish Us to notify You of any additional products or services that We think may be of interest to You, please write to Us at the address set out in the section headed “Our details” or email Us at info@mineraltestkit.co.uk.

12.7 We try and ensure that all data We hold about our customers is up to date and correct. Therefore, if any of Your personal details change, please let us know by contacting us at info@mineraltestkit.co.uk. When ordering online, We will provide a clear process for You to correct any input errors.

13.1 We shall have no Liability to You for any loss of profit, business or revenue, damage to goodwill, economic and/or other loss that was not reasonably foreseeable at the time You entered into this Contract.

13.2 Nothing in this Contract shall limit or exclude Our Liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited by law due to You acting as a consumer and/or due to any applicable law. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent, have no force or effect.

13.3 We do not guarantee that Our Web Site will be compatible with Your PC and We accept no liability for any corruption and/or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from the use of the Web Site.

14.1 No waiver by Us of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or other provision.

14.2 If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

14.3 We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

14.4 All third party rights are excluded and no third party shall have any right to enforce this Contract. Any rights of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties.

14.5 The laws of England and Wales shall govern this Contract between Us and any dispute between Us will be resolved non- exclusively in the English courts. English is the only language offered for the conclusion of the contract.

15.1 Our registered office is at 12 Torquay Road , Newton Abbot Devon TQ12 1AH. However, We have a place of business at:

Nutri-Link Ltd T/A Mineral Test Kit
Nutrition House
24 Milber Trading Estate
Newton Abbot
Devon
TQ12 4SG
UK

If You are unhappy with any aspects of the services and/or Products that We have provided to You or have any queries or comments regarding the service, please contact Us by writing to Us at:

Nutri-Link Ltd T/A Mineral Test Kit
Nutrition House
24 Milber Trading Estate
Newton Abbot
Devon
TQ12 4SG
UK

Calling us on +44 08701 420 066 or e mailing us at info@mineraltestkit.co.uk All customer queries will be responded to within a reasonable period of time, 48 hours

1.1 Please read these provisions carefully before using Our Web Site. By accessing or using Our Web Site, You agree to be bound by these Web Site disclaimers. If You wish to order Products from Our Web Site You must read and accept these Web Site Disclaimers and also Our Terms and Conditions. If You do not accept each and every term and condition, You must exit this Web Site. If You use the Web Site, or if You order any products from this Web Site, You have assented and agreed to, and You are legally bound by, each and every term and condition set forth below and in Our Terms and Conditions.

1.2 We will not sell our products to anyone under the age of 16. You represent and warrant that You are at least sixteen years of age and that You have the legal capacity to enter into this agreement.

1.3 We reserve the right to modify these terms and conditions without notice, although We will endeavour to notify members of any changes via e-mail. You are responsible for reviewing these terms and conditions frequently so as to be aware of any such modifications.

2.1 We reserve the right to alter or delete material from this Web Site at any time.

2.2 You undertake to ensure that Your use of the Web Site does not infringe either Our intellectual property rights or the intellectual property rights of any third party.

2.3 You undertake that You will not use this Web Site and any service made available to You via this Web Site to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party's use of the internet.

2.4 The availability of this Web Site is outside our control and in the hands of our third party providers. We give no guarantees as to the level of availability of this Web Site and We have no liability for any loss and/or damage which You may suffer as a result of this Web Site being unavailable and/or as a result of any loss or corruption of data or loss of transactions which You suffer as a result of any system outage.

2.5 All content on this Web Site (and any intellectual property rights which exist in the same), including but not limited to any text, graphics, images and their selection and arrangement, belongs to Nutri-Link Ltd trading as Mineral Test Kit. Users may not copy or print material found on the site other than for reference purposes and ordering products via the Web Site. This also includes the underlying source code, software and all other materials on the Web Site. Commercial use of either the Web Site or any material found on the Web Site is strictly prohibited. Neither the Web Site nor any material found on the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered and may not be displayed publicly, or used for any rental, sale, or display. Infringements of Our copyright or other intellectual property rights in this Web Site may lead to criminal and/or civil sanctions in the UK , US or other countries.

3.1 The Internet is not a secure medium and privacy cannot be assured. We cannot accept any responsibility for any harm or damage You may experience or incur by sending personal or confidential information to us over the Internet or if We send You such information. If You choose to give us personal information via the Internet We may need to correspond with You, for example, to let You know how We will use such information. If You inform us that You do not wish to have this information used as a basis for further contact with You then We will respect Your wishes.

3.2 Please note that any email sent to or from us via the Web Site and any attachments will not be encrypted. They may therefore be liable to be compromised. This is an inherent risk of email. We do not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any external compromise of security and/or confidentiality in relation to transmissions sent by email.

4.1 Cookies are software applications that are placed on the hard drive of Your computer by Websites. The aim of a cookie is to track a user's navigation of the Web Site and store the information on the user's hard drive. This information should make Your Web Site visits more productive by storing and using information on Your Web Site preferences and habits. They do not identify users individually but they do identify a user's computer. Your browser software can choose whether or not to accept cookies and most browser software is initially set up to accept them. We may offer cookies to You and You should ensure that Your browser software is set not to accept cookies if You do not wish to receive them. Further information on cookies and how You can remove cookies from Your browser is provided by the Interactive Advertising Bureau on its Web Site, which is located at www.allaboutcookies.org .

5.1 We will comply with the requirements of the Data Protection legislation in force in England and Wales from time to time. In particular, users may request a copy of their personal data held by us upon written application. Please note that We reserve the right to charge the statutory fee for providing such information. We intend to manage any information We learn about You in an ethical manner. It will only be used for our internal purposes in order to provide our products and services to You. We may also use the information to inform You of further products and services which We think may be of interest to You. We do not sell our databases or personal information to third parties. However, non-personal, anonymised data may be passed to our service providers, providing details of the traffic via the Web Site.

6.1 Under no circumstances, including, but not limited to, negligence, shall Nutri-Link Ltd or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, economic, consequential or punitive damages that result from the use of, or the inability to use or access this Web Site, including but not limited to loss of and/or corruption of data. You specifically acknowledge and agree that Nutri-Link Ltd is not liable for any defamatory, offensive or illegal conduct of any user. If You are dissatisfied with any of the content or with any of the terms and conditions herein, Your sole and exclusive remedy is to discontinue accessing this Web Site.

6.2 Nutri-Link Ltd expressly disclaims all warranties and representations as to the availability, accuracy, quality, performance, correct transmission, completeness of the content contained in this Web Site, or contained in Web Sites owned or operated by third parties which are linked to this Web Site. The Web Site is provided on an “as is” basis and Nutri-Link Ltd makes no representations and/or warranties of any kind with regard to the Web Site and its content. Nutri-Link Ltd also expressly disclaims any liability for damages resulting from errors or malfunctions in computer equipment or incomplete or inaccurate information transmitted through this or any third party Web Site or from Your use of a third party's Web Site which is linked to ours. The limitations of liability in relation to this Web Site apply to damages of all kinds, including, without limitation, compensatory, direct, indirect, consequential damages, loss of and/or corruption of data, loss of income, production or profit, loss of and/or damage to property and any third party claims. However, the limitation of liability in relation to this Web Site does not limit our liability to the extent that it cannot be limited and/or excluded as a matter of law.

6.3 You agree to indemnify and keep indemnified Nutri-Link Ltd, its officers, employees, agents and assigns from and against any damages, losses, claims, liabilities, costs and expenses (including increased administration costs and legal fees on a full indemnity basis) arising from Your breach of any term, condition, promise, representation or warranty contained herein.

7.1 Please note that viruses and similar destructive programmes are an inherent risk of communication via the internet. We will use our reasonable endeavours to prevent contamination of any material sent to You by us. We do not, to the maximum extent permitted by law, accept any liability for any virus or similarly destructive code which computer equipment and/or software used by You may suffer as a result of You accessing our Web Site and/or any other communication via the internet between You and us. It is Your responsibility to scan what You choose to download from our Web Site to ensure that such items are free of such items as viruses, worm, Trojan horses and other similar destructive code.

8.1 You agree that You will not link to this site on any pages You publish anywhere on the World Wide Web, or any place else, without prior written consent from Nutri-Link Ltd. The inclusion of a link to a third party Web Site contained on our Web Site does not mean that We endorse that Web Site.

9.1 ALL QUERIES should be made through the customer service email on this Website. All communication should be made through the customer service site. Cancellation requests should be done by contacting customer service via the customer services email or phone.

9.2 Mineral products have different effects on different people. The minerals provided are for human consumption. They are manufactured to the highest of standards, using approved manufacturing facilities, complying with good manufacturing practice. Used within the recommended guidelines there is no indication for adverse responses. We have no liability to You for any adverse reaction unless the product is defective.