Terms and Conditions
Terms & Conditions
This page tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.eco-formula.co.uk and www.ecoformula.co.uk (“our sites”) to you. Please read these terms and conditions carefully, by ordering any of our Products through our website, you agree to be bound by these terms and conditions.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by RKM Nushine Ltd, whose registered office is at 18 The Green Way, Penn, High Wycombe, Bucks HP10 8BX United Kingdom (the "Supplier"). In these terms “you” and “your” as appropriate refer to the buyer and “us”, “our” and we refer to the seller, RKM Nushine Ltd and any other associated company.
1.2 Orders are accepted subject to the Terms and Conditions of sale as stated below. Your use of the trading website (“eco-formula.co.uk/ecoformula.co.uk”) and purchase of the products (or services) (“products”) on it means that you agree to these terms and conditions (“terms”). No variation of these Conditions shall be binding unless agreed by letter signed by an Authorised Representative of RKM Nushine Ltd. Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
1.3 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old
1.4 No contract exists between you and the Supplier for the sale of any goods until the Supplier has accepted your order and received payment in full (in cleared funds). 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 (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when payment has been received and we send you the Dispatch Confirmation. 0nce the Supplier does so, there is a binding legal contract between us.
1.5 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
1.6 The contract is subject to your right of cancellation (see below).
1.7 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the website at the time you place your order. The price for each product is shown in UK Sterling and includes VAT at 20%.
2.2 Prices do not include charges for delivery. This will be additional depending on any current promotions and the value of the order.
2.3 The goods are subject to availability. If on receipt of your order the goods you have ordered were shown in stock and are then not available in stock, the Supplier will inform you as soon as possible and advise you of the earliest possible delivery date. Should you wish to cancel your order at this point, you must immediately send an email to firstname.lastname@example.org stating your order number and that you wish to cancel your order. On receipt of your email the supplier will issue a refund or re-credit to you for the goods.
2.4 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order.
2.5 We reserve the right at any time to revise prices to account for any increases in costs including the increase or imposition of any duty, tax, levy or exchange rate variation. We will take all reasonable steps to notify you of any relevant revision of prices before processing your order.
3. Payment & Security
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 To ensure that your online shopping experience is secure, your credit / debit card details will be encrypted on a secure server to minimise the possibility of someone being able to read them as they are sent over the Internet.
4.1 While we do accept orders from addresses outside the UK we are only prepared to accept such orders on the basis that you are agreeing to be bound by these terms and conditions and you are bound exclusively by the courts of England and Wales.
4.2 The goods you order will be delivered to the address you give when you place your order.
4.3 Where on the website we have indicated items in stock, we shall endeavour but not guarantee to deliver the goods, once ordered within 5 working days. We always obtain proof of posting however we cannot be held responsible if Royal Mail are delayed or fail to deliver.
4.4 It may be the case that if some items are not in stock, or the balance is not in stock, we shall inform you by email and advise you of the anticipated delivery date.
4.5 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible.
4.6 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.8 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.9 When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery, and claims thereafter will be refused.
4.9.1 To make a claim for any damages and or shortages you must immediately send an email to email@example.com stating your invoice number and the details of the damages or shortages.
4.9.2 You must then arrange for any damaged goods to be returned to RKM (nushine) Ltd, 18 The Green Way, Penn, High Wycombe Bucks HP10 8BX, United Kingdom within 7 working days of your claim at your cost, for us to be able process your claim further.
4.10 Keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us.
4.11 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
6. Your right of cancellation and Returns Policy
6.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below), providing the goods have not been fitted or modified in any way and providing they are returned with the original packaging and providing the goods are in a resalable condition. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6.2 To exercise your right of cancellation, you must immediately send an email to firstname.lastname@example.org stating your order acknowledgement number and that you wish to cancel your order. You must then arrange for the goods to be returned to RKM Nushine Ltd, 18 The Green Way, Penn, High Wycombe, Bucks, HP10 8BX, United Kingdom within 7 working days of informing us of your cancellation and returning them at your cost.
6.3 If you exercise your right of cancellation after the goods have been dispatched, you will be responsible for returning the goods to the Supplier at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
6.4 0nce you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you for the goods only, and not for the packing and shipping costs, only after the cancelled items have been received in good condition by us.
7. Limitation of Liability
7.1 RKM (nushine) Ltd total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
7.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
7.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
7.4 RKM (nushine) Ltd’s liability for direct loss or damage arising from damage to tangible property for which RKM (nushine) Ltd is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
7.5 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
7.6 RKM (nushine) Ltd will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
7.7 If you are a business customer RKM (nushine) Ltd shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
8. Events outside our control
8.1 Force Majeure
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”)
8.2 Force Majeure Event
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic
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
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations
A waiver by us of any default will not constitute a waiver of any subsequent default
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law
11. Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing
12. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products)
13. Applicable Law
13.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.
13.2 Interpretation and Jurisdiction These terms and conditions only cover the eco-formula.co.uk/ ecoformula.co.uk web site. Any other websites which you link to from this website are governed by their own terms and conditions. We accept no responsibility or liability for web sites that are not under our control.
13.3 We are required by law to inform you that sales can only be concluded in English.
14. Copyright Notice
14.1 All content in whatever format found on eco-formula.co.uk/ ecoformula.co.uk web site is copyright of it's respective owner, RKM (nushine) Ltd and legal action may be taken if any person(s) or business is found using the content without permission in advance.
14.2 RKM (nushine) Ltd does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them. The copyright in RKM (nushine) Ltd and the content of all the software, web site and pages relating to the eco-formula.co.uk/ ecoformula.co.uk web site is owned by, or licensed to RKM (nushine) Ltd, unless otherwise specified and may not be used, copied or altered without our express consent.
15. Errors & Omissions
15.1 We have taken every care in the preparation of the content of this website, in particular to ensure that the prices quoted are correct at the time of publishing and that all goods are fairly described. All descriptions and illustrations of goods, information on the eco-formula.co.uk/ ecoformula.co.uk website, price quoted or any other document provided by us are intended for general guidance only and do not form part of any contract between you and us.
15.2 We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations.
15.3 We will promptly correct any errors brought to our attention.
16. Statutory Rights
All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time without prior notice to you.