This Document is composed of the ‘Cutagen Website Terms and Conditions of Sale’ and the ‘Cutagen Webste Terms and Conditions of Use’. Please ensure that you have read both sets of Terms and Conditions.
Cutagen Website Terms and Conditions of Use
LEGAL NOTICE - PLEASE READ THIS NOTICE CAREFULLY BEFORE USING THE SITE. IT REGULATES YOUR USE OF THE SITE AND ALL MATERIAL WITHIN IT.
This website (excluding linked sites) is controlled by:-
Registered in England & Wales No 8263602
Registered office: 3 Willow Lane, Great Cambourne, Cambridge, Cambridgeshire, CB23 6AB.
(hereinafter referred to as “Cutagen”)
The site can be accessed from various other countries around the World. Each of these places has laws that may differ from those of the United Kingdom. By accessing the site both you and we agree that the laws of England & Wales shall apply to all matters arising from or relating to the use and contents of this site, unless we specify that the law of another country applies to particular elements of the site. You also agree that unless we specify otherwise that the courts of England and Wales shall have the non-exclusive jurisdiction with respect to such matters.
This site is designed only for persons located in the United Kingdom and information regarding products, services, and promotions are applicable to this country alone.
No representation or warranty is given that the materials contained in the site are appropriate to, available in or relevant for any other location.
Copyright © 2012 Alberie Group of Companies. All rights reserved. All copyright and other intellectual property rights in all text, images, sound, software and other materials on this site are owned by The Alberie Group of Companies and its affiliated companies or are included with the permission of the relevant owner. References to affiliates or affiliated companies shall include all members of the Alberie Groupof Companies.
You are permitted to browse this site and to reproduce extracts by way of printing, downloading to a hard disk, and by distribution to other people, but in all cases for informational purposes only and provided that the above copyright notice appears in all such reproductions. No reproduction of any part of the site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work or publication, whether in hard copy or electronic format, including posting to any other site. No other licence or right is granted.
All trademarks displayed on this site are either owned or used under licence by Alberie Group of Companies and its affiliates. The unauthorised use of any trade mark on this site is strictly prohibited.
Availability of Products
Reference to any product or service on the site does not constitute an offer to sell or supply that product or service. Specific advice concerning the availability and suitability of any particular product or service should be sought before purchase.
It is the policy of Alberie Group of Companies not to accept any unsolicited suggestions for product improvements, new product idea or marketing ideas from outside the company. Any unsolicited suggestions or information you send us, including recipes, will be treated as non-proprietary and non-confidential and become the property of Alberie Group of Companies without compensation, for exclusive use at our unlimited discretion.
The information on this site has been included in good faith but is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. No information at this site shall constitute an invitation to invest in any member of the Alberie Group of Companies nor should it be used as the basis for any investment decision. Neither Alberie Group of Companies nor any of its affiliates nor its or their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to or use of this site or any site linked to it including, without limitation, any loss of profit, indirect, incidental or consequential loss.
We reserve the right to make any changes and corrections to this site as and when we consider it appropriate and without notice.
At various points throughout the site you may be offered automatic links to other Internet sites relevant to a particular aspect of this site. This does not indicate that Alberie Group of Companies is necessarily associated with any of these other sites or their owners. Whilst it is the intention of the company that you should find these other sites of interest, neither the company, its affiliates, nor its or their officers, employees or agents shall have any responsibility or liability of any nature whatsoever for these other sites or any information contained in them, none of which have been verified or endorsed by the company or its affiliates. If at any time you find that you have accessed another site you may return to this site by clicking on the "backwards" arrow, or by keying in the web address www.cutagen.com.
Cutagen Website Terms and Conditions of Sale
www.cutagen.com (the “Website”) is owned and operated by Cutagen Limited and the expressions "we" and "us" and "our" mean Cutagen Limited (Company Number 8263602) whose registered office is at 3 Willow Lane, Great Cambourne, Cambridge, Cambridgeshire, CB23 6AB.
These terms and conditions (the "Conditions"), together with the online order form (“Order”), form our agreement with you (“Contract”) for the purchase of our goods and/or services (“Products”) through the Website:
1. The Order sets out all the details of the Products that you are purchasing;
2. The Conditions set out items such as payment arrangements, amendments and what happens if you need to cancel.
Please read these Conditions carefully. We recommend that you print off a copy of these Conditions because they are easier to read in paper form. We also recommend that you keep a copy for your records.
To make these Conditions easy to understand we have explained some of the words. If a word begins with a capital letter then this means the word has been defined earlier in the document in speech marks (“ “).
For the purposes of these Conditions, "Working Day" means any day other than a Saturday and Sunday but excluding bank and public holidays in England.
1.1 When you register you may create a customer username and password. If you choose a customer username that is in use or inappropriate, you will be asked to choose another customer username.
1.2 You must at all time keep your password and customer username confidential and you must notify us immediately of any unauthorised use of your customer username or password, or of any breach of security known to you. We can require you to change your customer username and/or password for security reasons at any time. If you wish to change your customer username and/or password you may contact us and do so.
1.3 You are responsible for all activities which occur under your customer username and password, save where such activities occur as a result of our negligence or fault.
2. Supply of Products
2.1 If you purchase Products from us on our Website, you will be asked to accept these Conditions on registration and before you submit any Order.
2.2 We only supply Products to individuals resident in the mainland United Kingdom. We do not accept Orders from individuals outside of the UK mainland. Unfortunately we do not currently supply Products to Northern Ireland or the Republic of Ireland.
2.3 We only supply Products for purchase by adults and we do not sell to children. If you are under 18, you may use the Website only with the involvement of a parent or guardian.
3. Placing an Order
3.1 The Products and Services displayed on the Website and information about the Products and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Products.
3.2 An Order is placed when you click the "Confirm Order" button on our order form and the placing of such Order will constitute an offer by you to purchase the Products subject to these Conditions. You should review the Order and correct any incorrect details before pressing the "Confirm Order" button.
3.3 We shall acknowledge receipt of your Order with an acknowledgment email. This is not an order confirmation or an order acceptance by us.
3.4 The Order shall only be accepted by us when you receive a confirmation email from us which, subject to the provisions of Condition 3.6, shall create a Contract. The date of the Contract shall be the date on which we issue the confirmation email.
3.5 We may reject your Order for any reasonable reason, for example, incorrect or incomplete information, a declined credit or debit card, or lack of availability. If we are unable to accept your Order we will notify you by email.
3.6 Acceptance of your Order is not a guarantee by us of the availability of the Products and all acceptances are conditional on availability of the Products.
3.7 If the Products which you have ordered are not available we shall inform you of this as soon as possible but in any event within fourteen (14) days of the date you placed your Order.
3.8 If you receive a confirmation email for an Order which you did not place, or if the details in the confirmation email do not match the Order which you placed or intended to place, you must contact our customer services department via the contact form on the website at www.cutagen.com
4. Cancellations and Returns
4.1 If you are contracting as a consumer you are entitled to a statutory cooling off period allowing you to cancel the Contract:
(a) in relation to any Products which are physical goods, at any time within seven (7) Working Days of receiving the Products; or
(b) in relation to Products which are services, at any time within seven (7) Working Days of confirmation of the Order; or
(c) where the confirmation email and such additional information as required by law is provided after delivery of physical goods or, in the case of Products which are Services, the Contract is concluded (as applicable), ten (10) Working Days after the confirmation email and additional information is provided.
4.2 Where you cancel your Contract within the cooling off period we will promptly refund to you any payment you have made and in any event within 30 days of cancellation, provided the Products are returned undamaged and in the original packaging and that the Products have not been specifically tailored to your specifications, or personalised, or the Products by their very nature cannot be returned or are liable to deteriorate. We will also refund to you the cost of sending the Products and/or any items to be supplied in respect of the Services to you but you shall be responsible for the cost of returning the item to us.
5. Variation of Products
We reserve the right in our absolute discretion to make any changes to the Products which do not in our opinion materially affect the quality or nature of the Products.
6. Price and Payment
6.1 The price displayed is in pounds sterling (unless otherwise stated) and is inclusive of VAT and does not include delivery charges which will be added to the total amount and will be shown when you make an Order and on the confirmation email.
6.2 Whilst we make every effort to ensure prices and information accessible via the Website are accurate, complete and up to date, we cannot guarantee this. We do reserve the right to correct any mistakes without liability to you. We will email you if the Contract is affected by a mistake and you will have the right to cancel the Contract. If you cancel you will receive a full refund of the price paid by you.
6.3 We will require payment at the time of placing the Order. Payment is due on completion of the Order and must be made in Pounds Sterling (UK) and can be made by using any major UK credit card or debit card shown on the Website. Any such payments will be refunded if your Order is rejected or the Contract is cancelled.
6.4 Payment by any UK credit card or debit card is subject to authorisation by the credit card issuer. If such authorisation is refused to us, we will not be liable for any delay or non-delivery of the Products and the Contract will be deemed to be cancelled. If this happens we will notify you of the cancellation by email.
7. Delivery, Risk and Title
7.1 Delivery of the Products shall be made to the address in the UK that you provide in the Order, or such other address that we may agree in writing. Risk of damage to or loss of the Products and/or Services shall pass to you at the time of posting.
7.2 If you fail to take delivery of the Products:
(a) delivery will be deemed to have taken place on the date for delivery;
(b) risk in the Products will pass to you; or
(c) we may (without prejudice to any of our other rights) dispose of the Products.
7.3 We will endeavour to deliver the Products within ten (10) Working Days of you placing the Order with us or such alternative date (not earlier) specified by you but you acknowledge that it may not always be possible to deliver the Products within this timeframe (particularly if you have ordered Products which constitute services) and you agree that delivery of the Products may take longer. Any dates or times for delivery of the Products quoted by us are estimates only. If the Products are not delivered within a reasonable time of you placing the Order you may cancel the Contract by by email from www.cutagen.com and any payments you have made will be refunded.
7.4 We reserve the right to deliver the Products in instalments and in such event each instalment shall be treated as a separate Contract.
8. Warranties and Liability
8.1 We warrant to you that Products purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which goods of this kind are commonly supplied and any services that we provide to you are performed with reasonable care and skill.
8.2 Subject to Condition 8.3 we will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Products is made. We will not be responsible for any business loss (including loss or profits, contracts, income or revenue, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.
8.3 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud, or for any other liability that cannot be lawfully excluded or restricted.
9. Events Outside Our Control
We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.
10. Data Protection
11. Promotional Discounts and Free Samples
11.1 From time to time we may offer promotional discounts in respect of certain Products and we may also offer free samples on our Website. These promotional discounts and free samples will be subject to availability of the relevant Products and samples and are not an indication of availability.
11.2 All promotional discounts and free samples offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.
12.1 We may transfer the Contract to any person or ask any person to fulfil any aspect of it as long as the performance of the Contract is not affected.
12.2 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
12.3 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and any court proceedings must take place in the English courts.
19th April 2013
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