Terms of service
PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING ANY PRODUCTS ON THE WEBSITE
TERMS AND CONDITIONS OF SALE
These terms and conditions (the “Terms”) govern the sale of products by Biotiful Dairy Limited a company registered in England and Wales under registration number 08181288 and our registered address is New Penderel House 4th Floor, 283-288 High Holborn, London, United Kingdom, WC1V 7HP, United Kingdom (“Biotiful”/”Biotiful Gut Health”/"we"/"us") to you (“you”/”your”) on this website (the “Website”).
We offer a range of products, and sometimes additional terms may apply to specific portions or features of the Website, including promotions or other similar features. We will direct you to the additional terms and conditions at the time that you interact with us and/or the relevant product or feature. Please read such additional applicable terms and conditions carefully.
- INFORMATION ABOUT US
We are Biotiful Dairy Limited. We are selling products under the brand Biotiful Gut Health.
- QUESTIONS OR COMPLAINTS
2.1 If you have any questions, complaints or comments on these Terms or your orders for the products, please contact us here.
- APPLICABILITY
3.1 These Terms apply to any contract entered into by us and you and to all offers, sales and purchases of products which are sold through the Website.
- OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on the 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 products. The product sent to you may vary slightly from those images.
4.2 The packaging of products may vary from that shown in images on the Website.
4.3 We may change a product:
4.3.1 to reflect changes in relevant laws and regulatory requirements; and
4.3.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- THE ORDERING PROCESS AND ORDER CONFIRMATIONS
5.1 If you place an order for a product on the Website, this order will constitute an offer by you to us to purchase the relevant product(s). All orders are subject to availability and to acceptance by us. The contract for purchase of the relevant product(s) is only entered into when we send you an email confirming acceptance of your offer or display to you a confirmation screen confirming acceptance of your offer, and that payment has been received by Biotiful.
5.2 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.3 We reserve the right not to accept and/or to cancel an order for any reasonable reason including, but not limited to, where:
5.3.1 we have not been able to obtain authorisation for payment;
5.3.2 the product is out of stock;
5.3.3 we have identified an error in the price or description of the product;
5.3.4 we are unable to meet a delivery deadline you have specified;
5.3.5 the information you have provided in respect of your order is corrupted, unsupported technically or inadequate for any reason;
5.3.6 your order breaches any of these Terms; or
5.3.7 we have reasonable grounds to believe your order is fraudulent.
5.4 If we cannot accept or cancel your order, we will contact you via the email or phone number provided on the order, to explain this and any sums paid will be refunded in accordance with these Terms.
- DELIVERY OR COLLECTION
6.1 The costs of delivery will be as displayed to you on our Website. These will be made available prior to you finalising your order and may depend on different options you have chosen for delivery.
6.2 During the order process you may be able to choose a delivery method and timeframe. If not specified, we will deliver them to you as soon as reasonably possible, and in any event within 30 (thirty) days of the day on which we accept the order. We will do our best to keep you updated and ensure you can track your delivery’s progress and latest estimated delivery date. If you have any questions about delivery of your order, please contact us here
6.3 The Website is solely for the promotion and sale of our products in the United Kingdom. Unfortunately, we do not accept orders from addresses outside the United Kingdom.
6.4 We are not responsible for delays outside our control. If our supply of a product is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to receive a refund for any products that have been paid for but not received.
6.5 If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel your order and you may have to compensate us for the costs we will have incurred as a result.
6.6 We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- PRICES AND PAYMENT
7.1 The price due and payable by you for the products you are intending to purchase will be as stated on this Website at the time you place your order, except in the case of obvious or manifest error. Prices may change at any time, but price changes will not affect confirmed and accepted orders placed prior to the date of any change. If the price of a product is obviously wrong, we will not be obliged to provide the relevant product to you at that price and will give you the option of confirming your order at the correct price or cancelling your order, in which case we will refund any incorrect payments collected in respect of such order in accordance with these Terms.
7.2 Prices shown on the Website are inclusive of VAT at the applicable rate where and if required.
7.3 When making your payment, it is imperative that you provide the information that the Website specifies is required. Your bank or credit card will be debited immediately upon placing your order. During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours and/or you have authority to use it. All fields indicated as compulsory must be completed. We do not sell products for purchase by children.
7.4 If you think a payment has been incorrect then please contact us here
- SUBSCRIPTION SERVICE
8.1 Some of the products that we sell through our website can be purchased on a subscription basis (‘Subscription Service’). You can use our Subscription Service to receive repeat orders of products where this option is available on the website.
8.2 Our Subscription Service is available for customers located in mainland UK only.
8.3 The Subscription Service should not be used by business customers to purchase products for resale. We may suspend or cancel your subscription if we reasonably believe that you are reselling products that you purchase through the Subscription Service.
How to use our Subscription Service
8.4 You will need a customer account to use the Subscription Service. If you do not already have an account, you can sign up for one here.
8.5 To use our Subscription Service, simply choose the product that you would like to order and select the subscription option. You will be asked to confirm how often you would like the products to be delivered, your payment details and your delivery address before check-out.
8.6 We will send you e-mail confirmation of your subscription after you have checked out. We will also e-mail you to notify you of each upcoming order (“Upcoming Order E-mail”) and to confirm when each order has been dispatched (“Dispatch E-mail”). You should review these e-mails carefully to check that your subscription is correct and contact us immediately if there are any errors.
Changing or cancelling your subscription
8.7 You can change, pause or cancel your subscription at any time by visiting the ‘Manage Your Subscription’ page. Any change, pause or cancellation of your subscription will apply from the next order for which we have not already sent you a Dispatch E-mail. If you change, pause or cancel your subscription, you will still be charged for any orders that have been dispatched and confirmed in our Dispatch E-mail.
8.8 We reserve the right to pause or cancel your subscription at any time. If we pause or cancel your subscription, we shall notify you by e-mail and will only charge you for products that have already been dispatched.
Payment for our Subscription Service
8.9 Payment for your first order will be charged when you first sign up to the Subscription Service. Each subsequent order will be charged when your products are dispatched. By signing up to our Subscription Service, you authorise us to charge you for each order until your subscription is cancelled.
8.10 The price for each order will be that stated on our website at the time your order is processed and will be confirmed in the Upcoming Order E-Mail. Unless otherwise stated, promotions, discounts, gift cards and offers (such as ‘buy one get one free’) will not apply to products ordered through our Subscription Service.
8.11 If your subscription ends or is cancelled for any reason, you will be liable to pay for all orders that have been dispatched, as confirmed by a Dispatch E-mail.
8.12 If we are unable to collect payment from you using the payment details that you have provided, your subscription will be automatically paused. We shall inform you by e-mail if we are unable to collect payment from you. Your subscription will be paused until we are able to collect payment.
Product availability
8.13 From time to time, our products may be unavailable either because they are temporarily out- of-stock, or the product has been permanently discontinued or removed from our Subscription Service. We reserve the right to change your subscription where products are unavailable.
8.14 If a product is temporarily out-of-stock, we may remove it from your subscription until it is next available. You will not be liable to pay for any products that are not dispatched to you.
8.15 We may substitute products that are unavailable with similar products that we believe are a suitable replacement. We will inform you in the Upcoming Order E-mail if a replacement product has been added to your subscription. If you do not wish to receive a replacement product, you may remove it from your order by visiting the ‘Manage Your Subscription’ page.
When the Products become your responsibility
8.16 A product will be your responsibility from the time we deliver the product to the address you gave us. Ownership of the products will not pass to you until we have received payment in full.
- CONSUMER CUSTOMERS - CHANGES, CANCELLATION, RETURNS AND REFUNDS
9.1 If you wish to make a change to your order, please contact us here as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, timing or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to go ahead with the change.
9.2 If you have received a faulty product, please contact us here as soon as possible.
9.3 If you are a consumer customer, you have a legal right to change your mind and cancel your contract of purchase for a product within 14 days (starting the day after you receive it). If you wish to exercise your legal right to cancel your contract of purchase for a product, please contact us here. To meet the cancellation deadline, it is sufficient for you to send your communication about cancelling before the cancellation period has expired. You are liable for any diminished value of a product where you have changed your mind if that is due from handling it in a way other than is necessary to establish its nature, characteristics or function. We will pay the costs of postage or collection if you are eligible to return a faulty product, or if you cancel and change your mind as above.
9.4 If you are eligible for a refund, we will reimburse the price paid for the relevant product onto the credit or debit card that it was paid with, within 14 days. Alternatively, for faulty products, we may also offer at our sole discretion to send a replacement of the relevant product free of charge subject to these Terms. Please contact us here to discuss.
9.5 Refunds cannot be given for faulty products if the fault is a result of your own actions such as product misuse, misspelling instructions, or if you are otherwise responsible for the fault.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 The personal data that you provide to us when purchasing products from this Website is used only in accordance with applicable data protection laws and regulations. For more information on how the personal data that you provide when using this Website is used, see Biotiful’s Privacy Policy.
10.2 Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering with our eCommerce service, you accept that your email address may be used to supply you with such information. Registration data and certain other information about you is used in accordance with our Privacy Policy. By using the Biotiful website, you acknowledge that you have read and understood our Privacy Policy.
10.3 It is your responsibility to keep your password secure. We reserve the right to modify or withdraw a password at our discretion. Your password is exclusive to you. It should not be shared and must be treated as confidential. If you become aware of misuse then you must Contact Us immediately.
- OUR LIABILITY
11.1 If you are a consumer customer, the following applies:
11.1.1 You have certain legal rights, including that we will provide products that are of a satisfactory quality, fit for purpose, and as described. You have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights, or other rights to which you may also be entitled. For more information about your legal rights in the UK contact your local Citizens Advice Service, visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06 or contact the Trading Standards Service.
11.1.2 We will not be responsible for any loss and damage that you suffer which is:
(a) caused by anything other than our breach of these Terms;
(b) a side effect of the main loss or damage, and which is not reasonably foreseeable by you and us when you place the order on the Website (loss or damage is foreseeable where it can be contemplated by you and us at the time of you place the order);
(c) a result of the withdrawal of products from the Website or a result of our / our selling agent’s refusal to accept an order for any reason;
(d) a result of your user name and password being used by someone else or any unauthorised access to your personal information (unless this is due to our negligence);
(e) caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to your use of the Website (including your downloading any content from the Website or any website linked to it); or
(f) caused by failure to meet any of our obligations where we (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).
- GOVERNING LAW AND JURISDICTION
12.1 If any dispute between you and us arises out of or in connection with these Terms, the laws of England and Wales will apply.
12.2 If you are a consumer customer and live in Scotland you can bring legal proceedings in in either the Scottish or the English courts. If you are a consumer customer and live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
12.3 If you are a consumer customer and you live in England, or if you are a business customer, the English courts shall have exclusive jurisdiction to settle any disputes (including non-contractual disputes or claims) that may arise out of or in connection with these Terms.
These Terms were last updated on 23rd November 2023