These are the terms and conditions on which we supply products to you.
The "Website" is the website at www.klirmind.com including any websites that resolve to this website, such as www.klirmind.co.uk.
Why you should read them. Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract of our supply of products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us using the contact details listed below to discuss.
We are KLIR Limited, a limited company registered in England and Wales. Our company registration number is 12881322 and our registered office is at 47-49 Park Royal Road, London, NW10 7LQ
You can contact us by writing to our customer service team at firstname.lastname@example.org
How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us with your order.
Starting a new supplement regime can be exciting – but with excitement can also come disappointment when you don’t notice the effects straight away. When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.
What will happen when you place an order. Shortly after you have placed an order with us, we will send you an order acknowledgement. The order acknowledgement is purely for information purposes and does not constitute acceptance of your order.
How we will accept your order. Our acceptance of your order will take place when we send you an order confirmation email, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet the estimated delivery timescales specified.
We also reserve the right to refuse to accept your order if the contents of the order would violate these Terms and Conditions.
Your order number. 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.
Changing your order. Please check your order acknowledgment and order confirmation carefully and let us know if there are any issues. It is your responsibility to check the details of an order and let us know if there are any errors. If you wish to make a change to the product(s) you have ordered, please contact us immediately. 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 of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.
We only sell to the UK. Our Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from consumers resident outside the UK.
How to tell us about problems. If you have any questions or complaints about the product, please contact us by writing to us at email@example.com
Your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
Important Information. PLEASE READ.
Please note that the products and their associated packing include important information which you must read on receipt of your order (both for orders placed on a one-off basis and each time a product is received with a subscription order) and in any event, before you ingest the product. The packaging and associated product information leaflet contains important information regarding how the product should be used (such the recommended daily dose), its composition (what it is made of[, including common allergens) and how use of the product may affect you both physically and mentally.
Please consult a suitably qualified medical practitioner before purchasing the product if you have any doubts or concerns about whether this product is right for you or how it may impact on any pre-existing conditions or medication which you are taking or plan to take. The products should not be used as a substitute for a balanced diet. This Clause does not seek to replace the information contained on any product packing or the product information leaflet and is only intended as helpful, general guidance for your consideration prior to placing an order with us.
Nothing in these Terms and Conditions or the Website shall be classed as advice, a type or kind of diagnosis or guidance as to your physical or mental health and no particular results or outcomes are promised or guaranteed from your use or purchase of any of our products. You must make your own assessment of the products before placing an order with us, including whether they are suitable for your particular requirements and circumstances.
Nothing in this Clause 3.10 is intended to replace, override or take precedence over the information on the product packaging or in the product information leaflet, which you should read independently and separately to these Terms and Conditions as recommended at Clause 3.10.1 above.
Please do contact us to discuss any questions or concerns you may have about our products using the details set out at Clause 2.2 above.
Minor changes to the products. We may change the product:
to reflect changes in relevant laws and regulatory requirements; or
to implement minor design adjustments and improvements.
Significant changes to the products. We may make significant changes to the product, but if we do so we will notify you. You may then contact us to end the contract before you or someone nominated by you takes delivery of the product, and you may then receive a refund for any products paid for but not received.
Changes to these Terms and Conditions. We may make changes to these Terms and Conditions, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Delivery costs. The costs of delivery will be as set out on the Website and on your order summary prior to submitting your order to us for processing.
When we will provide the products:
One-off orders. During the order process we will let you know when we will deliver the products to you. Please note that our estimated delivery timescales are estimates only.
Subscription orders. Subject to payment for the products in full, if you have chosen for us to supply you with the products on an on-going, monthly basis through our subscription facility, we shall supply your selected products to you on or around the same date each month (unless delivery is due to take place on a non-working day, such as a Saturday, Sunday or bank holiday in the United Kingdom, in which case delivery shall take place within the following 2-3 working days) until the subscription expires (as applicable) or you end the contract as described in Clause 7 or we end the contract by written notice to you.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then 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. You may contact us to end the contract and receive a refund for any products you have paid for but not received within 30 days of placing your order with us.
If no one is at the delivery address when the product is delivered. If no one is available at the delivery address provided to us for delivery of the product and the products cannot be posted, we will either (and acceptance by you of these Terms and Conditions shall be classified as you providing us with your consent to): (1) leave the product(s) in a safe location on or at the delivery address specified in your order; (2) deliver the product(s) to an authorised individual on your behalf, which shall, for the avoidance of doubt, include a neighbour; or (3) leave you a note informing you of how to rearrange delivery or collect the products from your closest Royal Mail collection centre.
If the recipient does not rearrange delivery. If, after a failed delivery where the product(s) have been returned to your closest Royal Mail collection centre, you (or someone you nominate) do not re-arrange delivery or collect it from your local Royal Mail collection centre we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or you have failed to re-arrange or collect the products, the products may be returned to us and we may end the contract and Clause 8.2 will apply.
When you become responsible for the products. The products will be your responsibility from the time we deliver the product to you (or someone you nominate) at the address you gave us when you placed your order or to a safe place or neighbour in accordance with Clause 5.4 above.
When you own the products. You own a product once we have received payment or, if later, delivery of the product to the address stipulated in your order.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you; for example, your name and address. We may contact you in writing to ask for this information if it is missing from the information provided when you placed the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any one or more of them if this is caused by your not giving us any information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes; 5.9.2 contact you in the event the payment method which you have stipulated for deduction of payments for products delivered using our subscription facility rejects or declines any payment request made by us; or
update the product (including its packaging, associated information leaflet and/or labelling) to reflect changes in any relevant laws and regulatory requirements.
Your rights if we suspend the supply of a product. We will contact you to tell you we are suspending supply of a product. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days.
When you can end your contract with us. The scope of your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, whether you have ordered products on a one-off or subscription basis, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or all of your money back), see Clauses 7.1.2, 7.2 and 7.5;
If you want to end the contract because of something we have done or have told you we are going to do, see Clauses 6.2, 7.2 and 7.5; or
If you have just changed your mind about the product, see Clauses 6.3 to 6.5 and 7.3. You may be able to get a refund if you have ordered a product and you are within the Cooling-Off Period (explained below). You will have to pay the costs of return of the products. The packaging for the products must not have been wholly or partially unsealed.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at Clauses 6.2.1 to 6.2.4 below, the contract will end immediately and we will refund you in full for any products which you have paid for but not received. The reasons are:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended, or notify you of our intention to suspend, supply of the products for design, legal, regulatory and/or technical reasons, in each case for a period of more than 14 days; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receive the products and to receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms and Conditions and will be different depending on whether you have ordered a product from us on a one-off or subscription basis.
How long do I have to change my mind?
One-off orders. For one-off orders (i.e. orders for which you pay for products which are to be delivered on a one time only basis) you have 14 days after the day you (or someone you nominate) receive the products, unless your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
Subscription orders. For orders placed using our subscription facility (i.e. orders for which you pay for products to be delivered to you regularly on a monthly basis), you have 14 days after the day you (or someone you nominate) receive the products for the first time after receipt of your order confirmation from us, unless your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery connected to the first month of products to change your mind. For example, if you purchase the regular delivery of products on a subscription basis and the first product(s) are all delivered to you (or someone you nominate) on the 1 January, the last day of the cooling-off period (in respect of all products to be provided to you by us during the total period of your subscription) is 15 January. You do not have the right to change our mind on receipt of your selected products each month after the first delivery of products. (The time period above in relation to each type of order shall be referred to as the "Cooling-Off Period" throughout the rest of these Terms and Conditions).
When you do not have the right to change your mind and return a product within the Cooling-Off Period. Due to hygiene and public health and safety reasons, you do not have a right to change your mind from the point the sealed packaging for the product has been wholly or partially unsealed.
Tell us you want to end the contract.
To end the contract with us because you have changed your mind within the Cooling-off Period and the packing remains securely sealed, please let us know by doing one of the following:
(a) Email us at firstname.lastname@example.org. Please provide your order number and brief details of what you bought, when you ordered or received it (including whether you have purchased the product(s) on a one-off or subscription basis) and your name and address; or
(b) Write to us at KLIR Limited, 47-49 Park Royal Road, London, NW10 7LQ. Please provide your order number and brief details of what you bought, when you ordered or received it (including whether you have purchased the product(s) on a one-off or subscription basis) and your name and address; or
(c) Using the Model Cancellation Form below:
(i) Online. Complete the Model Cancellation Form and email this to the email address specified on the form.
(ii) By post. Complete the Model Cancellation Form and post it to us at the address specified on the form.
To end the contract for any other reason, including cancellation of your subscription with us, please email us at email@example.com. Please provide your order number and a brief description of what you bought, when you ordered it, the delivery date and your name and address (including whether you have purchased the products on a one-off or subscription basis).
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you or someone you nominate has received them, you must return them to us by post. If you are exercising your right to change your mind for a product as set out in Clause 6.3, you must send off the product within 14 days of telling us you wish to end the contract. Please see Clauses 7.3 and 7.5 for details of when we will pay the costs of return and how to return the product(s) to us.
When we will not pay the costs of return. We will not pay the costs of return if you are exercising your right to change your mind in respect of any product(s) where the packing remains sealed and you are within the Cooling-Off Period. If you are returning the product(s) to us in exercise of this right, please return the product(s) to us by first class post to KLIR Limited, Airbox Fulfilment, London Heathrow Airport, Unit 8, Saxon Way, Harmondsworth, Middlesex, UB7 0LW
When returning products to us, we strongly recommend you secure proof of postage for your records. You may be asked to provide this proof of postage to us in certain circumstances.
When we will pay the costs of return. We will pay the costs of return where:
you are returning the products because the products are faulty or misdescribed; or
you are ending the contract because we have told you of an upcoming change to the products or these Terms and Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
If you return the products for either of the reasons at Clause 7.5.1 or 7.5.2 above, you will need to pay for the return in the first instance. We will refund you the cost of returning the product(s) to us as soon as possible on receipt of the product(s) from you. OR contact us using the details set out at Clause 2.2 to secure a return label which you must affix to the package containing the product(s) to be returned to us.
How we will refund you. We will refund you the price you paid for the product(s), including delivery cost and any postage costs incurred when returning any product(s) to us under Clause 7.5, by the method you used for payment.
Refund for delivery costs. If you are exercising your right to change your mind, the maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheapest delivery option.
When your refund will be made. If you are exercising your right to change your mind for any eligible product(s) during the Cooling-Off Period then we will refund you the price paid within 14 days from the day on which we receive the product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us. For information about how to return any eligible product(s) to us, see Clause 7.2.
We may end the contract for any product(s) at any time by writing to you if:
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s), for example your name and address for delivery; or
you do not, within a reasonable time, allow us to deliver the product(s) to you (or someone you nominate) or collect them from your local Royal Mail collection centre.
You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for any product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
Where to find the price for the product - subscription and one-off orders. The price of a product (which includes] VAT) for both one-off or subscription based orders will be the price as set out on the Website. Please take careful note of the difference in cost and length of payment period on the Website between orders placed on a one-off basis as opposed to a subscription basis; for example, if you place an order for the delivery of any product(s) on a subscription basis, you are agreeing to make regular, monthly payments to us in return for receiving regular, monthly deliveries of any selected product(s) for the length of your subscription up until expiry of your selected subscription period or cancellation (whether by us or by you under these Terms and Conditions).
What happens if we got the price wrong. We take all reasonable care to ensure that the price of the product advised to you is correct. However, despite our best efforts, it is always possible that some of the products we sell may be incorrectly priced. If the product's correct price at your order date is different than the price stated to you, we may contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
When you must pay and how you must pay. How and when you must pay us will depend on whether you have selected any product(s) to be provided to you on a one-off or subscription basis:
One-off orders. For any product(s) ordered on a one-off basis, all payments are to be made through the Website through one of our third party payment providers as specified to you on the payment page of the Website prior to placing the order.
Subscription orders. For products provided to you on a regular, monthly basis through our subscription facility, your first payment shall be made through the Website through one of our third party payment providers as specified to you on the payment page of the Website prior to placing the order. The remaining payments for the rest of the subscription term (which shall start from the date the order is placed with us until either expiry of the fixed time period selected by you or cancellation by either you or us under the Terms and Conditions) shall be paid by direct debit in accordance with the authority provided to us at the time your order was placed. Payment for subscription orders shall be taken on or around the date of each calendar month anniversary of your order confirmation.
You must pay for the products in full before we will dispatch them.
What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us immediately to let us know.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products to consumers for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the Clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. If you would like to engage in the alternative dispute resolution process, please do contact us and we can provide you with the details of our recommended provider. This does not affect your statutory rights.
Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between you and us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England, and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim. Please note that nothing in this Clause 12.5 is intended to limit or exclude your statutory rights, which remain unaffected at all times.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
By Post: To KLIR Limited [47-49 Park Royal Road, London, NW10 7LQ
By Email: To firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]:
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate