Bio-Thrive Terms and Conditions v1.0
Terms And Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.bio-thrive.com. We are BioThrive Limited, a company registered in Ireland under company number 645546 and with our registered office at 6 Euro Innovation Business Park, Little Island, T45 KF64, Ireland. Our VAT number is IE3616968HN.
1.2 To contact us, please see our Contact Us page.
2. Our products
2.1 Unless otherwise specified, the materials on this Website are directed solely at consumers who access this Website. BioThrive does not represent that any product referred to in the materials on this Website is appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
Any images provided in relation to the Products on our site are for illustrative purposes only.
2.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Licences and intellectual property
3.1 At all times, we will retain ownership of all intellectual property rights in the Products, and in any work generated or developed following the purchase date which is based on the Product or an underlying work in relation to it
3.2 All brand names, product and service names and title and copyright used in this site are trademarks, trade names, service marks or copyrights of their respective holders. No permission is given by BioThrive for their use by any parson other than the said holders and such use may constitute an infringement of the holders’ rights.
3.3 All designs, text, graphics and their selection and arrangement on this Website are the copyright of BioThrive or its content providers. Permission is granted to users to electronically copy or print portions of this Website for your own personal, non-commercial use. Any other use of materials on this Website without BioThrives’ prior written consent is strictly prohibited.
4. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
5. How we use your personal information
6. Formation of contract
6.1 In purchasing Products from our site, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. How the contract is formed between you and us
7.1 For the steps you need to take to place on order on our site, please follow the instructions provided on the website.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched and/or are available to download (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.5 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 of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) where it is necessary for us to do so to achieve business efficacy.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 The Products will be your responsibility from the completion of delivery.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10. Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product includes VAT (unless stated otherwise) at the applicable current rate chargeable in the UK or ROI for the time being. 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.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time, where applicable.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. How to pay
11.1 You can only pay for Products using a debit card or credit card. We accept most credit or debit cards. We use Wix and Paypal to collect/process transaction information in accordance with Wix Security Policy & Paypal Terms
11.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card when you submit your order.
12. Our liability
12.1 We only supply the Products for your personal use, and you agree not to use the Product for any re-sale purposes.
12.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.4 Subject to clause 12.2 and clause 12.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. Communications between us
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
14.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important items
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
15.6 These Terms are governed by Irish law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.
15.7 We will not file a copy of the Contract between us.
16. Terms of Free Offers
Product giveaways whereby the product is given away for free is subject to one product per household. If a user submits multiple orders to the same address all of their free orders will be deemed invalid.
17. 30 Day Money Back Guarantee
If you try any of our products and are not completely satisfied, we will refund your actual online purchase (excluding taxes and shipping charges), after any discounts and coupons used. This offer only applies to online purchases of BioThrive products through our direct website (www.bio-thrive.com)
Online BioThrive product orders can be returned for a refund of your purchase price for first time customers (minus postage and taxes) and within 30 days from the date you placed your order. Customers who re-order will not be able to return products under our 30 day guarantee.
Any order return orders arriving after the 30 days has expired will not be accepted.
We will refund up to a maximum of 2 units of any one product purchased. REFUND LIMITED TO TWO UNITS PER PRODUCT PER ADDRESS AND HOUSEHOLD. MUST BE POSTMARKED WITHIN 30 DAYS OF PURCHASE. If you ordered more than one of the same product you must return the additional product in an unopened condition – within the same 30 day period.
In order to get your refund of up to 2 Units per Item, please follow the simple steps below:
PURCHASE up to two units per item online via our direct website (www.bio-thrive.com)
SAVE the original UPC from the package, the original receipt and the original carton(s) with any unused product.
CONTACT us at hello@ bio-thrive.com to obtain your Return Merchandise number (RMA).
SEND the package with your RMA number, using a trackable service with RMA clearly written on the package to the return address we will provide. Any return orders sent without tracking number cannot be accepted by our warehouse.
Your refund will be issued via the same method that payment was made.
Product must have been purchased online only from our website www.bio-thrive.com; this offer excludes any other purchases of BioThrive (eg Amazon etc); promotional or free products are not eligible for this offer. Offer is limited to individuals and only one refund will be issued per request; bulk requests and requests made by groups, clubs or organisations will not be honoured. Employees, independent contractors and temporary employees of BioThrive are not eligible. No responsibility is accepted for late, lost, damaged, misdirected, incomplete, incorrect, illegible or postage due requests or mail. We will not provide a refund for or return a non-qualifying product. Void where prohibited or taxed or restricted. Reproduction, purchase, sale or trade of this certificate, proof-of-purchase or cash register receipt is prohibited. Fraudulent submission could result in prosecution.
Due to the generous nature of our return policy we do strictly enforce the following terms and conditions: Shipping charges (if applicable) are non-refundable. In the event that a “free shipping” item is returned, the cost of postage will be deducted from the final credit to cover all shipping costs and processing.
Re-order constitutes satisfaction and voids the guarantee. All customers must contact customer services before returning your product. Returned products without a return authorisation number will be refused. Unless a previous exception has been granted, no returns will be accepted if postmarked more than 30 days after the date of your order. You may return most new, unopened items within 30 days of delivery for a full refund. We will also pay the return shipping costs if the return is as a result of our error (you received an incorrect or defective item, etc)
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (usually 5 to 10 business days), the time it takes us to process your return once we receive it (usually 3 to 5 business days), and the time it takes your bank to process our refund request (usually 5 to 10 business days).
Ver 1.0 18th December 2020