Terms and Conditions
Terms and Conditions for Sale of Tailwind Products
This page tells you information about us and the legal terms and conditions (Terms) on which we sell the products (Products) listed on our website (Site) to you.
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. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should download or print a copy of these Terms for future reference.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. We may amend these Terms from time to time. Please look at the end of the Terms to see when they were last updated.
1 About us
1.1 We are Tailwind Nutrition Limited, a company registered in England and Wales under company number 9516653. Our registered office at 86 The Borough, Downton, Salisbury SP5 3LY United Kingdom. Our VAT number is 208 8904 88.
1.2 We expect that you will want to contact us to ask questions and whilst we hope that you will never have reason to complain appreciate that there might be something you're not happy with. If you wish to contact us for any reason, you can contact us by telephoning 01725 513234 or by e-mailing us at firstname.lastname@example.org
1.3 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.
2 Our Products
2.1 The images of the Products on our Site are for illustrative purposes only and your Products may vary slightly from those images.
2.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Site are correct at the time when the relevant information was entered onto the system.
2.3 Although we aim to keep the Site as up to date as possible, the information including Product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
3 Use of our Site
4 How we use your personal information
5 How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
5.2 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 6.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 We do our best to keep our site up to date so that items on it are in stock, but sometimes items sell out quickly and, when this happens, we will offer alternatives where possible. Please note that holding items in your basket does not secure stock, once your order has been completed your stock will be allocated.
5.5 If we are unable to supply you with a Product, we will inform you of this by e-mail or by telephone and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6 Delivery Information
6.1 Our Delivery Information page sets out details of our delivery services and delivery charges.
6.2 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. Our responsibilities when this happens. Are set out later in these terms and conditions.
6.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
6.4 You own the Products once we have received payment in full, including all applicable delivery charges.
7 Price of Products
7.1 The prices of the Products will be as confirmed when your order is accepted in accordance with our Order acceptance policy. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
7.2 The price of a Product is always quoted in Pounds Sterling and includes VAT (where applicable) at the applicable current rate chargeable in the UK 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.
7.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
7.4 Offers are valid for the time period stated, and unless specified otherwise are for single use only. Offers giving discounts are not valid on Products that are on sale.
7.5 Offers and promotions may not be used in conjunction with any other offers and promotions.
8 How to pay
8.1 You can only pay for Products using [a debit card or credit card or] PayPal. We accept the following cards: Visa, MasterCard, Delta/Connect.
8.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your [debit card, credit card o] PayPal account until we dispatch your order.
8.3 Your online purchases are processed using appropriate methods of internet security technology. We accept orders only from web browsers that can use Secure Socket Layer (SSL) technology, which means you cannot inadvertently place an order through an unsecured connection. Most web browsers now support this.
9 Returns & Replacements
9.1 The following terms set out how we deal with cancellation, returns and replacements including your rights under the Consumer Contracts Regulations 2013 when you buy online or by phone.
9.2 You are entitled to cancel your contract if you so wish, provided that you exercise your right no later than 14 days after the day on which you receive the Products.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
9.4 If you decide to cancel, you should return the Products to us at your cost within 14 days of cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to the Products to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
9.5 If you wish to exercise your right of cancellation, you must take reasonable care of the Products in your possession. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
9.6 We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
9.7 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10 Our liability
10.1 We will use reasonable endeavours to verify the accuracy of any information we place on the Site, we make no warranties, whether express or implied in relation to its accuracy. The Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Site, or any transaction that may be conducted on or through the Site.
10.2 We make no warranty that the Site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site.
10.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
10.4 We only supply the Products for your personal use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Cancellation Rights.
11 Events outside our control
11.1 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.
11.2 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.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
11.3.1 we will contact you as soon as reasonably possible to notify you; and
11.3.2 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.
11.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
12 Other important terms
12.1 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. We will always notify you in writing or by posting on this webpage if this happens.
12.2 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.
12.3 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.
12.4 These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
© Tailwind Nutrition Limited
Last updated 1st May 2015