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Terms of Sale

BACKGROUND

 

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.GaiaRemedies.co.uk (“Our Site”).

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These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

 

These Terms of Sale were last updated on 1st July 2021.

 

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

 

The following documents also apply to your use of Our Site:

  • Our Terms of Use, available at , apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4.

  • Our Privacy Policy, available at . This is also referred to below in Part 21.

  • Our full Disclaimer.

 

1. Definitions and Interpretation

 

1.1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract” means a contract for the purchase and sale of Goods, as explained in Part 9;

“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;

“Goods” means the goods sold by Us through Our Site;

“Order” means your order for Goods;

“Order Confirmation” means Our acceptance and confirmation of your Order;

“Order Number” means the reference number for your Order; and

“We/Us/Our” means Gaia Remedies Ltd

 

1.2. Unless the context otherwise requires, each reference in these Terms of Sale to:

  • “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

  • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

  • a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

 

2. Information About Us

 

2.1. Our Site is operated by Gaia Remedies Ltd. We are a limited company registered in England and Wales under company number 13484980. Our address is 57 Byfield Road, Woodford Halse, NN11 3QR.

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2.2. We are not currently VAT registered.

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2.3. All of our products are certified organic by the BDA Certification which is an approved UK Organic Control Body, accredited to ISO/IEC 17065 by UKAS. Further details relating to our organic certification can be found here.

 

3. How to Contact Us

 

3.1. To contact Us by email, please email Us at GaiaRemediesUK@gmail.com, to contact Us by telephone, please call Us on +44 (UK) 7404046672, or for snail mail, you are welcomed to write to Us.

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3.2. Alternatively, we also provide the following Contact Tools for you to contact Us. These are often the quickest way for your query to be answered.

  • Contact form

  • Live Chat function (provided by Wix).

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3.3. Use of Our Contact Tools is subject to Part 3 of Our Terms of Use.

 

4. Access to Our Site and Use of Our Site

 

4.1. Access to Our Site is free of charge.

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4.2. It is your responsibility to make the arrangements necessary in order to access Our Site.

 

4.3. Use of Our Site is subject to Our Website Terms of Use and Our Disclaimer. Please ensure that you have read them carefully, that you understand them, and that you agree to them.

 

5.Changes to these Terms of Sale

 

5.1. We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email (in addition to phone/text if number was provided) and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

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5.2. If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

6. International Customers

 

6.1. Please note that we do deliver internationally. However:

  • If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

  • You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

 

7. Goods, Descriptions, and Changes

 

7.1. We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:

  • Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;

  • Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary

  • Due to the nature of our Goods, there may be a variance in weight between the actual Goods and the description. However, using calibrated, laboratory-standard weighing scale with a 0.1g accuracy, and random product sampling checking weighs of each batch, we aim to adopt a tolerable negative error of <0.2g.

  • Due to the nature of our ingredients, further desiccation may continue after processing. If weight were to fall below our aimed tolerable negative error, customers may be referred to articles 19 (page 6) within SI 2006/659. We would also be required to prove no subsequent failure may have caused this.

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7.2. Please note that Part 7.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 13.

 

7.3. Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address technical or security issues. Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

 

7.4. Due to our product being hand-blended on a small scale, as explained in the descriptions of our Goods, more significant changes may also be made to ingredients and/or packaging from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

 

8. Pricing

 

8.1. We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated at Our discretion. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 8.2.

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8.2. All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

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8.3. All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.

If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation over email.

 

8.4. If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.

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8.5. Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to . Delivery options and related charges will be presented to you as part of the order process.

 

9. Orders and How Contracts Are Formed

 

9.1. Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it. By placing an order with Us, you accept these terms, Our privacy policy, and disclaimer(s). This is explicitly stated on the shopping cart and within the product descriptions. If you do not agree to these, please do not order Our Goods.

 

9.2. If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.

 

If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.

 

If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result (e.g., additional delivery costs to redelivery).

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We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

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9.3. No part of Our Site constitutes a contractual offer capable of acceptance.

Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.

Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

 

9.4. Order Confirmations contain the following information:

  • Your Order Number;

  • Confirmation of the Goods ordered including full details of their main characteristics;

  • Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;

  • Estimated delivery date(s) including, where appropriate, tracking details.

  • Information on how to contact us.

 

9.5. To reduce paper consumption, we do not include a paper copy of your Order Confirmation with your Goods.

 

9.6. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.

 

9.7. In the unlikely event that We cannot accept your Order, We will inform you in writing (usually over email) and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded. Once processed, please note that refunds can take up to 5 working days to reach your account.

 

We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.

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10.Payment

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10.1. Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

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10.2. We will charge your chosen payment method before We dispatch the Goods.

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10.3. We accept online payments made using debit and credit cards from all major card companies, including Visa, MasterCard, Discover and American Express. We also accept PayPal.

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10.4. For peace of mind, all methods are in secure third-party environment as provided by Wix. Therefore, no customer card details are ever seen, handled, recorded, or retained by Gaia Remedies, unless other payment is sort by the customer such as bank transfer.

 

10.5. If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under on any sums disputed in good faith.

 

11.When You Own the Goods

 

Ownership of the Goods passes to you once We have received payment in full of all sums due.

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12.Delivery

 

12.1. All Goods purchased through Our Site will normally be delivered within 21 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.

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12.2. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

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12.3. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.

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12.4. If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, the selected delivery service may leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.

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12.5. If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions. We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.

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12.6. In the unlikely event that We do not deliver the Goods on time (within 21 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

  • We have refused to deliver the Goods;

  • In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or

  • You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.

 

12.7. If you do not wish to cancel under Part 12.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

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12.8. You may cancel all or part of your Order under Parts 12.7 or 12.8 provided that separating the Goods in your Order would not significantly reduce their value.

Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.

If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

 

12.9. Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us.

 

12.10. As explained in Part 9.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

You can find a concise version of delivery policy here.

 

13. Returns, Faulty, Damaged, or Incorrect Goods.

 

13.1. Given the nature of Our products, we usually do not accept returns unless there was a defect in the Goods at the time of purchase, unless (in good faith) we have agreed in correspondence that you may return them.

 

13.2. UK customers have 14 calendar days to evaluate and return their purchase, if it has not been damaged, opened or used, and that no labels have been removed. The item(s) should be returned in their original packaging (in a saleable condition), and returned to us as soon no later than 14 calendar days.

 

13.3. So far as possible, Goods should be returned:

  • with both Goods and all packaging as far as possible in their original condition;

  • securely wrapped;

  • including our delivery slip and any promotional items.

  • at your risk and cost.

 

13.4. The procedure for return of Goods is set out on Our Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.

 

13.5.In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose. If we agree that the Goods are faulty, we will:

  • refund the cost of return carriage;

  • replace the Goods as we choose.

 

13.6. If we replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

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You can find a concise version Our returns policy here.

 

14. Your Rights to Cancel and End the Contract

 

14.1. If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 13, above, for more information.

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14.2. If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 15, below, for more information.

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14.3. If you wish to end the Contract because of something We have done or are going to do, please refer to Part 16, below, for more information.

 

15. Cancelling and Ending the Contract if You Change Your Mind

 

15.1. If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.

  • If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.

  • If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

 

15.2. If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us in writing by email or post. You may use the below cancellation model email, but you can use your own words as long as your intention is clear. We aim to acknowledge cancellation by email without delay.

 

Please send to GaiaRemediesUK@gmail.com and high importance

 

To Gaia Remedies ,

I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].

Order number and date:

Name:

Full Address:

Date:

Method of Payment:

 

15.3. Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

 

15.4. Please note that this right to cancel may not apply in the following circumstances:

  • If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;

  • If the Goods are likely to deteriorate quickly, for example, flowers or food;

  • If the Goods have been personalised or custom-made for you;

  • If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

 

16. Cancelling and Ending the Contract Because of Something We Have Done or Will Do

 

16.1. You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:

  • We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);

  • We have informed you about an upcoming change to the Goods that you do not agree to (see Part 7.4);

  • We have informed you about an error in the price or description of the Goods and you do not wish to proceed;

  • There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 12.3);

  • You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 12.7 or 12.8 apply).

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16.2. If you cancel and end the Contract for any of the reasons set out in this Part 16, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation.

 

16.3. If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, please use Our cancellation model email provided above in 15.2 a).

 

17. Refunds

 

17.1. All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:

  • If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.

  • Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, Our standard delivery option is 3-5 days, but you select 48 hour express delivery, your refund for delivery charges will only be equivalent to the cost of the cheaper option.

 

17.2. All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:

  • The day on which We receive the returned Goods;

  • The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);

  • If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or

  • If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

 

17.3. Refunds for international customers are given at Our discretion.

 

18. Our Liability to Consumers

 

18.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract).

 

18.2. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.

 

18.3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence; or for fraud or fraudulent misrepresentation. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 13. We will not be responsible for any loss or damage that is not foreseeable, such as product misuse and/or conditions set out in Our Disclaimer.

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18.4. If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

 

19. Complaints and Feedback

 

19.1 We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

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19.2. All complaints are handled in appropriate accordance. If you wish to complain about any aspect of your dealings with Us, please contact Us.

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20.How We Use Your Personal Information

 

We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy.

 

21.What Happens if We Transfer this Agreement to Another Party

 

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

 

22.Other Important Terms

 

22.1. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

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22.2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

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22.3. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

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22.4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

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23. Law and Jurisdiction

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23.1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

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23.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing takes away from or reduces your legal rights as a consumer.

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23.3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

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23.4. If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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