Terms and Conditions

TERMS AND CONDITIONS

Effective Date: June 1, 2014

1. Introduction
1.1 This website is owned and operated by Biome Restoration Ltd. Our company information is at the end of this document.

1.2 These terms and conditions apply when you buy any goods via this site or otherwise use this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.

1.3 You are not eligible to buy any goods via this site if
a) you are under 18; or
b) it is unlawful for you to buy or use the goods in, or import them into, your country.

1.4 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases or use of our site occurring after the effective date shown.

2. Distance Selling Regulations
2.1 Note that the Distance Selling Regulations do not apply to our products as they are goods which by their nature cannot be returned and/or are liable to deteriorate or expire rapidly.

3. Discount codes
3.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated codes are only available for future new orders placed online, and can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.

3.2 Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

4. Payment and price
4.1 Payment is in advance by the means stated on our website. Despatch of the goods is subject to our receipt of full payment in cleared funds.

4.2 The price for the goods as stated on our site at the time you order. VAT or sales tax is included unless we say otherwise.

4.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we dispatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.

4.4 You must contact us immediately with full details if you dispute any payment.

4.5 If any amount due to us is unpaid, or unjustifiably charged back, we may charge you:
a) a reasonable additional administration fee;
b) the amount of any third party charges imposed on us; and/or
c) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
We may also cancel this agreement on written notice (including email).

5. Your order
5.1 Your order is an offer to buy from us. A binding legal contract is formed only when we accept your offer as stated below.

5.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.

5.3 We provide a refund for any order that does not arrive, provided you have given us the correct address for shipping.  We encourage customers to utilize our expedited shipping option to ensure timely and reliable delivery.  As per European regulations, if dissatisfied with our product, you have 14 days after receiving it to request a full refund.  See 7.3 for more information on shipping and refund policies.

5.4 Cancellations:  We will cancel an order provided you request such cancellation within 12 hours of placing the order.  After 12 hours, we will not provide cancellation.  Due to the nature (viability) of the goods being delivered, we do not accept returns.

6. Acceptance / availability
6.1 There will be no binding contract of any kind between you and us unless and until we accept your offer by emailing you to confirm that we have despatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say (e.g., sending a confirmation email immediately after the order) will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.

7. Delivery
7.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.

7.2 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.

7.3 We will use our reasonable endeavors to arrange delivery within the time specified on our website or, if none, a reasonable period. We have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control.

8. Risk and ownership
8.1 Risk of damage or loss to the goods passes to you on delivery.

9. Liability
9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

9.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.

9.3 The following clauses apply only if you are a Consumer:
a) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
i) such loss or damage was not reasonably foreseeable by both parties;
i) such loss or damage is caused by you, for example by not complying with this agreement; or
i) such loss or damage relates to a business.

b) You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).

10. Intellectual property rights
10.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

11. Privacy
11.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy.

12. Your account
12.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure or use of a password. In such case you should also immediately amend your password via our site. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

12.2 We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein. If so, you must not attempt to create another account on, or otherwise use, our site without our prior agreement in writing.

13. Availability of our site
13.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.

14. Guidance on our site
14.1 Any guidance or similar information which we ourselves make available on our site is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice. You rely on such information at your own risk.

15. Third party websites
15.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.

16. Act of God
16.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

17. English law
17.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

18. General
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

19. Complaints
19.1 If you have any complaints, please contact us via the contact details shown on our website or write to us at our trading address below.

20. Company information
20.1 Company name: Biome Restoration Limited
20.2 Country of incorporation: England and Wales.
20.3 Registered number: 08694330
20.4 Registered office and trading address: Unit 8-4-8 Harpers Mill, White Cross Business Park, Lancaster LA1 4XF, England.
20.5 Other contact information: See our website.
20.6 VAT number: 183 2913 02

Version 2 – June 1, 2014

by internet lawyers, Adlex Solicitors