Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.arcaya-actives.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. The contract that is made between you and us is in the English language.
- INFORMATION ABOUT US
1.1 www.arcaya-actives.co.uk is a site operated by Irina Rupina SP (“we”). We are registered in England and Wales with our registered office and trading address at 7 Gibson Street, London, SE10 9AD. Our VAT number is 154 9101 21.
2. ELIGIBILITY TO USE OUR SITE
If you wish to purchase Products through our website you must
(a) provide us with a valid email address;
(b) validly hold one of the following debit or credit cards – Visa Credit, Mastercard, Maestro, American Express, Visa Debit;
(c) be at least 18 years old; and
(d) be purchasing Products for your personal use or as a gift.
You have the option to create an online user account, which will allow you to view your purchases and update your user information. You may cancel this account by notifying us by email –email@example.com
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 You must place your order using the on-line ordering process and by clicking the confirm button to place your order. After placing an order, you will receive an e-mail from us acknowledging that we have received your order confirming that we have taken payment from your debit/credit card and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 We may refuse to accept your order prior to dispatch if the Product is out of stock; if we cannot obtain payment from your debit/credit card; or we identify a Product or pricing error. We will send you an email confirming cancellation if any of these circumstances apply.
3.4 If you have any enquiries about your order, please contact by email – firstname.lastname@example.org
- USE OF YOUR ACCOUNT
You must take sensible actions to prevent your account with us from being used by any unauthorised person. If you believe that your account has been misused, then please contact us immediately by email – email@example.com
5.1 You may cancel a Contract at any time during the period from placing your order to the date that is seven working days after the day on which you received the Products.
5.2 To cancel a Contract, you must inform us by email (firstname.lastname@example.org) or telephone ( +44 7889799093) and if you have received the Product(s) return them to us immediately, in the same condition in which you received them. You will receive a full refund of the price paid for the Products. Unless the goods are faulty, you will pay the costs of returning the Products to us. We will email you with notification of cancellation.
- AVAILABILITY AND DELIVERY
Your order will be fulfilled within 14 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We are not liable for any delays in delivery howsoever caused.
- RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices exclude VAT and exclude delivery costs, which will be added to the total amount due as set out in our delivery costs guide
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- OUR RETURNS POLICY
9.1 You may cancel the Contract and return the Product for any reason provided we are notified by email – email@example.com within the 7 day period commencing the day after you received the Product.
9.2 To return the Product you must complete the returns note that you will find with the dispatch note that you will receive when the Product is delivered to you. The Product you return must be unopened and returned in its original packaging.
9.3 The price of the Products returned will be refunded to you in full. You will pay the cost of the return.
9.4 If the Product is defective in any way, you may return the Product to us if at any time within the 14 day period commencing the day after you received the Product. We will offer you an exchange or refund, and pay the cost of the delivery and return charges.
9.5 When you return a Product to us (for instance, because you have cancelled the Contract between us or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case; within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
9.6 If within the 14 day period commencing the day after you received the Products you have not notified us of cancellation of Contract or that a Product is defective in accordance with these terms, then you shall have no right to return the Products thereafter.
- OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at the address set out in paragraph 1.1. or by email to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice 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.
- TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
14.1 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 events outside our reasonable control (Force Majeure Event).
14.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you have a complaint about our Website or any Products then you may contact us in writing addressed to the Customer Services Manager at the address in paragraph 1.1.
- INTELLECTUAL PROPERTY
All content available on the Website (the “Content”) is our property and is protected by UK and international copyright laws. The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are our registered and unregistered marks and are protected by UK and international trade mark laws. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set out in paragraph 19 below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
- LICENCE TO USE WEBSITE
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. Any unauthorised use by you of the Website terminates the limited licence set out in this paragraph 19 without prejudice to any other remedy provided by applicable law.
- LINKS TO OTHER WEBSITES
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk.
- YOUR SUBMISSIONS TO US
- ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
- LAW AND JURISDICTION
24.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
24.2 Nothing in these terms affects your statutory rights.