The Terms and Conditions of this site are clearly explained below. By accessing the website or placing an order, you agree to the following Terms and Conditions. If you do not agree, you may not access or use this website.
No part of this site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and acceptance of that offer is deemed to occur upon sending a dispatch email to you, indicating that your order has been fulfilled and is on its way.
- DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;|
|“Carrier”||means any third party responsible for transporting purchased Goods from Premises to customers;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“Goods”||means any products that Probiotic 40-Billion advertises and / or makes available for sale through this Web Site;|
|“Service”||means collectively any online facilities, tools, services or information that Probiotic 40-Billion makes available through the Web Site either now or in the future;|
|“Payment Information”||means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Purchase Information”||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|“System”||means any online communications infrastructure that Probiotic 40-Billion makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed by Probiotic 40-Billion and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using www.probiotic40.net (and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
- AGE RESTRICTIONS
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- INTERNATIONAL CUSTOMERS
If Goods are being ordered from outside Probiotic 40-Billion country of residence, import duties and taxes may be incurred once your Goods reach their destination. Probiotic 40-Billion is not responsible for these charges and Company undertakes to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Probiotic 40-Billion cannot guarantee that the packaging of your Goods will be free of signs of tampering.
- INTELLECTUAL PROPERTY
1.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Probiotic 40-Billion affiliates, associated companies or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
1.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Probiotic 40-Billion
- THIRD PARTY INTELLECTUAL PROPERTY
1.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
1.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
- FAIR USE OF INTELLECTUAL PROPERTY
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- LINKS TO OTHER WEB SITES
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Probiotic 40-Billion or that of affiliates. Company assumes no responsibility for the content of such web sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- LINKS TO THIS WEB SITE
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.probiotic40.net and only with prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Probiotic 40-Billion To find out more please contact by email at [email protected]
- USE OF COMMUNICATIONS FACILITIES
1.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
1.1.1 You must not use obscene or vulgar language;
1.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
1.1.3 You must not submit Content that is intended to promote or incite violence;
1.1.5 You must not impersonate other people, particularly employees and representatives of Probiotic 40-Billion or affiliates, or associated companies; and
1.1.6 You must not use System for unauthorized mass-communication such as “spam” or “junk mail”.
1.2 You acknowledge that Probiotic 40-Billion reserves the right to monitor any and all communications made or using System.
1.1 In order to purchase Goods on this Web Site and to use the facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as Company may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
1.1.1 all information you submit is accurate and truthful;
1.1.2 you have permission to submit Payment Information where permission may be required; and
1.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
1.2 It is recommended that you do not share your Account details, particularly your username and password. Probiotic 40-Billion accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
1.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Probiotic 40-Billion immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorized purchase is dispatched prior to your notifying of the unauthorized nature of the purchase, Probiotic 40-Billion accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
1.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
- Termination and Cancellation
1.1 Either Probiotic 40-Billion or you may terminate your Account. If Probiotic 40-Billion terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Company reserves the right to terminate without giving reasons.
1.2 If Probiotic 40-Billion terminates your Account, any current or pending purchases on your Account will not be cancelled and will be dispatched. Probiotic 40-Billion reserves the right to refuse to dispatch any current pending purchase(s) at their sole discretion.
1.3 Probiotic 40-Billion reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
1.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
1.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
- GOODS, PRICING AND AVAILABILITY
1.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Probiotic 40-Billion correspond to the actual Goods, Probiotic 40-Billion is not responsible for any variations from these descriptions. This does not exclude liability for mistakes due to negligence on part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.
1.2 Probiotic 40-Billion does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site. If an item is out of stock it will be marked out of stock and a notification will appear on the site as soon as Company are aware that the product is no longer in stock.
1.3 All pricing information on the Web Site is correct at the time of going online. Probiotic 40-Billion reserves the right to change prices and alter or remove any special offers from time to time and as necessary. Company reserves the right to update and amend all pricing information at sole discretion.
1.4 The payment will be taken in USD for all customers. Payment will be taken for the value of the product at the time that the order was placed.
1.5 All prices on the Web Site include VAT.
1.1 Probiotic 40-Billion will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
1.2 Deliveries within the USA may take between 2–5 working days and deliveries outside the USA may take between 7-10 working days. Please note that these delivery times are only estimates and may vary from time to time as a result of factors that may or may not be within control.
1.3 If Probiotic 40-Billion does not receive any communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
1.4 You warrant that you are bound to the terms and conditions of carrier service.
- RETURNS POLICY
Probiotic 40-Billion aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
1.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact within 30 days to arrange return. Probiotic 40-Billion is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon receipt of the returned Goods.
1.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Probiotic 40-Billion within 30 days to arrange a return. Probiotic 40-Billion is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
1.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. Company will not refund you for these items.
1.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Probiotic 40-Billion within 30 days and arrange return. Probiotic 40-Billion is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
In the event of returning a Free Shipping Item there is a mandatory £4.99 deduction off your total refund.
1.5 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Probiotic 40-Billion within 30 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Probiotic 40-Billion You are responsible for paying shipment costs if Goods are returned for this reason. Probiotic 40-Billion will not be responsible for any bank charges incurred or debited from your account as a result of your purchase in respect of clause 14.5.
1.6 If you wish to return Goods to Probiotic 40-Billion for any of the above reasons, please contact using the details on contact page. to make the appropriate arrangements.
1.7 Probiotic 40-Billion reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
1.7.1 Any use or enjoyment that you may have already had out of the Goods;
1.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
1.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
1.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
1.1 Probiotic 40-Billion makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. Company makes no guarantee of any specific results from the use of Services.
1.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
1.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
- CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS
Probiotic 40-Billion reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Probiotic 40-Billion is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- AVAILABILITY OF THE WEB SITE
The Service is provided “as is” and on an “as available” basis. Company gives no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law Company provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Probiotic 40-Billion accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- LIMITATION OF LIABILITY
1.1 To the maximum extent permitted by law, Probiotic 40-Billion accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and it’s Content at their own risk.
1.2 Nothing in these Terms and Conditions excludes or restricts Probiotic 40-Billion liability for death or personal injury resulting from any negligence or fraud on the part of Probiotic 40-Billion
1.3 Nothing in these Terms and Conditions excludes or restricts Probiotic 40-Billion liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
1.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given either by post to Premises or by email. Please see contact page for more information. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- LAW AND JURISDICTION
These terms and conditions and the relationship between you and Probiotic 40-Billion shall be governed by and construed in accordance with the Law of England and Wales and Probiotic 40-Billion and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.