1 Entire agreement
1.1 Neubria USA Limited (“Neubria”, “us”, “we”, “our”) is a private company incorporated in the UK (company number: 11043035) whose registered offices is at: Hamilton House, Church Street, Altrincham, WA14 4DR.
1.2 These terms and conditions, as supplemented, varied, amended or replaced from time to time (these “Terms and Conditions”) are the terms and conditions of this website (this “Website”) which is owned by Neubria.
1.4 These Terms and Conditions and the Rules and Policies govern the use by you of this Website. We advise that you read these Terms and Conditions and the Rules and Policies carefully as they affect your rights and liabilities as a customer under the law. If you do not agree with these Terms and Conditions and/or our Rules and Policies then please do not continue to use this Website. Please understand that any services that may be provided by us will require acceptance of these Terms and Conditions and continuing to use this Website (including by placing an order for goods and services via this Website) you will be deemed to agree with these Terms and Conditions and each of the Rules and Policies.
1.5 Our team can be contacted on [insert telephone number] between 9am and 5pm Monday to Friday EST (excluding Federal bank holidays). We can be contacted via email firstname.lastname@example.org.
2 Use of this Website
2.1 This Website is provided to you free of charge for your personal use subject to these Terms and Conditions and our Rules and Policies. By using this Website, you agree to be bound by these Terms and Conditions and our Rules and Policies.
2.2 This Website is an online store with various other accessible elements available to you, for example, recipe information, nutritional information, and blogs. These Terms and Conditions govern your use of this Website whether as a customer of the online store or as a user of the other accessible elements.
2.3 If, from time to time, you may register an account via the "My Account" page with this Website (a "User Account"). Each individual and each household may have a maximum of one User Account each and we reserve the right to suspend all User Accounts which we reasonable suspect to have been registered in breach of this Paragraph.
2.4 If, from time to time, you have registered a User Account and such has not been cancelled or suspended, whilst you use this Website you will be a "Registered User". Otherwise, if you use this Website you will be a "Guest User"
3 Future changes to these Terms and Conditions
3.1 If, from time to time, you are a Registered User and, for any reason, changes to these Terms and Conditions and/or the Rules and Policies are made: (a) We will notify you of such changes by either: (i) sending you an email informing you of such change to the e-mail address registered in your User Account; and/or (ii) placing information regarding such change on this Website clearly and accessible to all users. (b) Any such changes will take place after we have given sufficient notice. (c) If you do not agree with any such changes or any part of the changed Terms and Conditions and/or the Rules and Policies, then you must cease using this Website. (d) If you continue to use this Website after this date of any such change to these Terms and Conditions and/or the Rules and Policies, then you will be deemed to have accepted all such changes to these Terms and Conditions and/or the Rules and Policies.
4.1 If you register as a Registered User, or you place an order to buy products on this Website as a Guest User, then as at the time of such registration or placing of an order, you will and will be deemed to confirm to us that: (a) you are 18 years of age or older; (b) you understand that you are entering a binding contract; (c) you are not impersonating another person or entity; and (d) the details that you input into our registration form at the time of registration and/or the order form at the time of placing an order to buy our products are accurate and complete at the time you input them.
4.2 If, from time to time, you are a Registered User and any of you’re the details in your User Account are or become incorrect, you must correct those incorrect details as soon as possible.
5 Password protection and your security
5.1 When registering as a Registered User you will need to provide a secure password which will be used every time you log onto this Website. This password must be 6 – 12 Characters long and contain letters and numbers. You must not disclose or share the password with anyone. You are responsible for all activity that occurs whilst your username and password are in use. This includes orders that are made on this Website. If you suspect or know of somebody else who knows your password then you must inform us immediately by email at email@example.com
5.2 If we suspect misuse of this Website or a breach of security, or you inform us, in accordance with paragraph
5.1, of a third party knowing your password, we may suspend your User Account or simply ask that you change your password for security reasons. 6 Our Products
6.1 The products which we, from time to time, offer for sale on this Website, are referred to as "Our Products".
6.2 The images of Our Products on this Website and in our other advertising materials, are for illustrative purposes only. Our Products may vary slightly from those images. Although we have made every effort to display and print the colours of Our Products accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Our Products that will be delivered to you.
6.3 From time to time we may make minor changes to Our Products to reflect changes in relevant laws and regulatory requirements.
7 Your personal details
7.1 When ordering any of Our Products on this Website we will take reasonable care of your personal details and security. We cannot however be held liable for any third party unauthorised access to your personal details and any other data you may have used on this Website.
8 The ordering process
8.1 You may place an order for Neubria to sell and supply certain of Our Products to you on this Website (each such order being an “Order”) and these Terms and Conditions shall apply to every such Order.
8.2 You place an Order by pressing the confirm button at the end of the checkout process on this Website (“Checkout”) and by doing so you will place an Order for such of Our Products that are in your "Shopping Cart" when you place the Order (the "Ordered Products").
8.3 When placing an Order you may create an electronic contract between Neubria and you for the sale and supply of Ordered Products, subject to these Terms and Conditions.
8.4 After placing an Order, you should receive an e-mail confirming all of the details of the Order.
8.5 If you see an error on the Order details then you must inform us immediately by email or by telephone.
8.6 After you submit an Order, we will contact your bank or card issuer for authorisation to take payment from the method of payment which you identify during the Checkout process. We will not accept or process your Order until payment has been received in full.
8.7 We reserve the right to limit the amount of Our Products that we may supply to a particular customer.
8.8 Neubria is not bound to accept any Orders placed. There are various reasons that we may not accept an Order and these include: (a) if any or all of the Ordered Products are out of stock; (b) payment in full for the Ordered Products is not received in accordance with paragraph 8.6 from the details you provide us with; (c) a pricing or a descriptive error occurs in relation to any of the Ordered Products; and/or (d) you do not or Neubria believes that you do not meet the eligibility criteria for the Ordered Products in accordance with these Terms and Conditions.
8.9 Acceptance of your Order by Neubria only occurs when we notify you of such acceptance by email or the Ordered Products are despatched to you. Only on acceptance of your Order by Neubria a contract between Neubria and you for the sale and supply of the Ordered Products in accordance with these Terms and Conditions (a "Contract") will be formed. Please note that Neubria specifically reserves the right, from time, to time, to supplement, amend, vary or replace these Terms and Conditions and therefore each Contract will be in the terms of the Terms and Conditions in force at the time that such Contract is made.
8.10 Once your Ordered Products have been dispatched, you should be notified via an e-mail from our dispatch team (each being a “Dispatch Confirmation”).
9.1 We will only deliver Ordered Products to mailing addresses in the US.
9.2 Estimated delivery times can be viewed on the delivery page of this website.
9.3 Each Order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day on which the Contract is formed.
9.4 Each Order will be delivered to the address that you specify when you place the Order (the “Delivery Address”). If you make an error when specifying a Delivery Address for an Order, we will not be able to change it for that Order, but Registered Users can easily change it via their “My Account” pages of this Website for future Orders. However, we have the right to refuse to deliver to certain areas from time to time and if your proposed Delivery Address is within such an area, we reserve the right to not to accept the Order. Any restrictions to delivery areas will be found on our “Delivery Information” page.
9.5 Delivery of the Ordered Products (“Delivery”) will occur when: (a) the Order Products are left with a person at the Delivery Address; (b) the Order Products are posted through the letterbox at the Delivery Address; or (c) if you instruct us that you would like your Ordered Products to be left in a safe place at the Delivery Address (such as somewhere outside of the Delivery Address), we leave the Ordered Products in such a safe place.
9.6 Neubria’s responsibility for the Ordered Products ceases from the point of Delivery and you be responsible for the Ordered Products from that time.
9.7 It is your responsibility to make sure that Delivery can be achieved and that either a person is available at the Delivery Address, the Ordered Products can be posted through your letterbox or that the Ordered Products can be left in a safe place. If no one is available at your Delivery Address to take delivery of the Ordered Products and the Ordered Products cannot be posted through your letterbox or left in a safe place, the Ordered Products will be stored by us for you whilst we await further instructions from you in respect of re-delivery of such Ordered Products. In respect of such storage and re-delivery, please note that: (a) Neubria does not accept responsibility for such Ordered Products following Neubria’s first attempted to deliver the Ordered Products in accordance with the Contract and, in particular such Ordered Products will be at your risk during any period of such storage and during any such re-delivery; (b) the cost of such storage and any such re-delivery will be borne by you; and (c) if you do not provide Neubria with any instructions in relation to the re-delivery of such Ordered Products within 14 days of being notified by Neubria that Neubria is storing such Ordered Products and pay for the costs referred to in Clause 9.7(b) in relation to such Ordered Products, Neubria will be entitled to dispose of such Ordered Products without any liability to you.
9.8 You will own the Ordered Products once we have received payment in full for the Ordered Products.
9.9 If an Order is placed and some of the Ordered Products are unavailable, we may send the available Ordered Products to you with the unavailable Ordered Products to follow at a later date. We will always notify you if this is the case, and you have the right to refuse this option.
9.10 If Ordered Products are Delivered but are of bad quality or (without any agreement pursuant to paragraph 9.9) are incomplete, then you must notify us immediately when you receive the Ordered Products.
10 Price and Payment
10.1 The price payable for the Ordered Products shall be as shown on this Website from time to time and shall be in US Dollars, although please see paragraphs 10.5 and 10.6 for what happens if we discover an error in the price of any Ordered Product. Prices advertised on this Website do not include sales or any other tax or levy from time to time payable in respect of the sale of Our Products (each a “Sales Tax”) or any delivery charges. Such Sales Taxes and delivery charges are payable in addition to the price payable for Our Products and will be shown separately during Checkout.
10.2 We can change the prices on this Website at any time without notice, but changes will not affect Orders which we have already been placed by you. However, if the rate of any Sales Tax changes and such change becomes effective after the date of your Order, we will adjust the rate of such Sales Tax you pay unless you have already paid for the Ordered Products in full before the change in such Sales Tax takes effect.
10.3 We accept payment by debit card, credit card or PayPal. We accept the following cards: Visa, VISA Electron, MasterCard, Maestro, and American Express.
10.4 You must pay for all of the Ordered Products (including all applicable delivery charges and Sales Tax), and we will charge the payment method (chosen by you to pay for your Ordered Products during the Checkout process), when you place an Order.
10.5 If we accept and process your Order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any of Our Products provided to you.
10.6 If you wish to apply a voucher code to an Order, you must enter the relevant code, when prompted, during the Checkout process. Only one voucher code can be used per Order and use of each voucher code is subject to the provisions of terms and conditions associated with such voucher and Terms and Conditions.
11 Current Information Required YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.NEUBRIA.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
12 Returns and refunds on promotional offers
12.1 If you return Ordered Product and are entitled to a refund, you will be refunded the price of such Ordered Product which it was at the time of the Order for example, if the Ordered Product was offered at a reduced price, you will be refunded the reduced price. Your statutory rights will not be affected as a result of this.
12.2 Ordered Products that form part of a bundle of Our Products can only be returned and refunded where the complete bundle of Ordered Products is returned. Individual Ordered Products making up part of such bundle may not be returned and refunded separately.
12.3 Ordered Products purchased during a sales promotion can only be returned if unopened and returned within 14 days of Delivery.
13 Excluded services When using this Website, an internet connection is required to gain access to this Website. If any other costs are caused as a result of internet connectivity through third party companies, we will not be held responsible for such costs.
14.1 For purposes of these Terms and Conditions, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
14.2 The services provided to you when using or accessing the Website (the “Services”) may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
14.3 Subject to these Terms and Conditions, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
14.4 We do not guarantee that any Content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to: (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (b) to remove or block any Content from the Services.
15 Rules of Conduct
15.1 As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services.
15.2 You shall not: (a) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d) run any form of auto-responder or "spam" on the Services; (e) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; (f) harvest or scrape any Content from the Services; (g) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate; (h) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (i) otherwise take any action in violation of our guidelines and policies.
15.3 You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Services, or (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
15.4 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms of Service, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests, or (e) protect the rights, property or safety of us, our users and the public.
15.5 All orders of Our Products must be for personal use only. By purchasing Our Products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
16 Intellectual property
16.1 The content of this Website is trademarked, copyrighted and database protected. You agree that the materials you see and the content that is delivered is a part of this Website and shall remain the property of Neubria and/or our licensors.
17.1 You may not use this Website for any of the following: (a) Unlawful, abusive, threatening, vulgar, harmful or obscene material. (b) Sharing material that encourages usage of a criminal nature, resulting in a civil liability or otherwise breaches any relevant laws, regulations or code of practice. (c) Accessing computers illegally. (d) Disrupting other users’ enjoyment of this Website. (e) Breach of laws where public telecommunications are concerned. (f) Interfering / disrupting networks, websites connected to this Website. (g) Storing electronic equipment without permission from the owner. (h) Availability of this Website
17.2 Although we hope that this Website is always running constantly for everyone, we cannot always promise that this Website will always work as we intend it to work. If you do experience difficulties, please contact us with all relevant details of the fault or issue you are experiencing.
17.3 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 breach 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.
17.4 We only supply Our Products for domestic and private use. If you use Our Products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
17.5 We will not be liable to you for special or punitive damages that may apply to the usage of this Website.
17.6 We are not responsible for any risks generally associated with the internet.
17.7 Although we try to make sure that all of the content on this Website is correct and accurate as at the present date, sometimes this may not be the case and we will not be liable for such errors.
17.8 We are not liable to you in connection with any of the following: (a) If this Website is incompatible with your device. (b) Technical errors that may occur, such as: interruptions and faults. (c) Unreliable, unsuitable or inaccurate website content. (d) This Website not being able to meet your demand.
17.9 Nothing in these Terms and Conditions in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which we may not exclude or limit our liability under any applicable law.
18 Warranty Disclaimer
18.1 We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: (a) which users gain access to the Services; (b) what Content you access via the Services; or (c) how you may interpret or use the Content.
18.2 You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
19 Indemnification You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
20 Limitation of Liability IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD BY THE PERSON BRINGING A CLAIM AGAINST US.
21 Right to cancel/suspend your User Account
21.1 We may cancel or suspend your User Account with us at any time if you breach any of these Terms and Conditions or our Rules and Policies.
21.2 You can cancel your User Account with us at any time by informing us via writing. Doing this will also have to comply with you ceasing to use this Website when/after cancellation is posted.
21.3 The cancellation or the suspension of your User Account will not affect either your or our rights or liabilities where those rights and liabilities have arisen before such cancellation or suspension.
22 Third Party Website We have no responsibility for any third-party websites that you may enter via this Website, nor do we take liability for the World Wide Web. The content and materials accessed outside this Website are beyond our control.
23 Advertisers and Sponsors Advertisers and sponsors that appear on this Website are of no responsibility Neubria. These sponsors and advertisers submit information at their own liability. We are not liable for any inaccuracy or errors in their promotions.
24 Contact Details and Communications
24.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using this Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on this 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.
24.2 All notices given by you to us must be given by email at: firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing your order or in the case of a Registered User, the email or postal address stored in your User Account. Notice will be deemed received and properly served immediately when posted on this Website, 24 hours after an email leaves the sender’s email server, or three days after posting a letter.
24.3 Our address for written communication is: Neubria USA Limited, 5005 Veterans Memorial Hway, Holbrook, New York, NY 11741
25 Your Health Our Products have been designed to help you to improve your health. They should be used in conjunction with a balanced diet and training programme and must not be used as your sole source of nutrition. Your health is of paramount importance to us and in the case of any adverse reactions, discontinue use of Our Product and seek medical advice immediately.
26 Events Outside Our Control
26.1 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 (a "Force Majeure Event"). This includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (but is not limited to) the following: (a) Strikes, lockouts or other industrial action (b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster (c) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (d) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation of war (e) Impossibility of the use of public or private telecommunications networks (f) The acts, decrees, legislation, regulations or restrictions of any government
26.2 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 all 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.
27 Defective Goods We are confident in our product quality but if for any reason you receive any Ordered Products which are defective you must inform us immediately. If any Ordered Products are defective, we will fully refund your money or re-arrange delivery of replacement Ordered Products. Your statutory rights will not be affected.
28.1 All our Ordered Products have a 14 day money back guarantee, provided the Ordered Product has not been opened. You can cancel your order at any time prior to acceptance of your Order by us. In order to return an item, contact us and we can process this for you. Please return to: Neubria USA Limited, 18 1140 W, Ogden, UT 84404, United States
28.2 You will have to pay the delivery charges in returning any Ordered Products to us. If you return an Ordered Product within 14 days of Delivery we will provide a full refund to your original payment method (if requested), if you'd like an exchange you'll need to cover the postage costs. Your statutory rights are not affected.
29 Special Offers From time to time we may have special offers available, we hold all of the rights to remove and add these special offers when we see fit without any prior notice and we reserve the right to impose Special Offer Rules in respect of any such special offer which will be additional terms and conditions which will be applicable to a particular special offer. If a special offer does apply to your Order, then the Special Offer Rules will apply to any Contract formed in relation to your Order in addition to these Terms and Conditions and our Policies. We reserve the rights to offer, in our complete discretion, different offers to different customers at different times.
30 Free gifts and Promotions From time to time, free gifts or other promotional incentives (for example a discount on the price payable on certain of Our Products) may be offered to customers who pace Orders that meet certain eligibility criteria. Such free gifts and promotional offers are offered on a conditional basis. In the event of an Order which qualified you for such a free gift or promotional offer being cancelled or returned, any free gift provided must also be returned and we reserve the right to charge you for any benefit of any promotional offer received by you in respect of such Order.
30.1 Privacy is something that we always respect and we are committed to protecting your information at all times.
30.2 Our data protection policy can be found in the Security and Privacy section of this Website.
30.3 The consents that you give to us and to third parties to process your personal data can be changed at any time through your “My Account”.
31 Entire Agreement These Terms and Conditions, our Rules and Policies and, if applicable, your Order are an agreement between you and us. They form the entire basis of our relationship. You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent.
32 Governing Law and Jurisdiction These Terms and Conditions shall be governed by and construed in accordance with the laws of New York State, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York State, New York.
33 Other Important Terms
33.1 Nothing in these Terms and Conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
33.2 We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
33.3 Each Contract is between you and us. No other person shall have any rights to enforce any of its terms.
33.4 Each of the paragraphs of these Terms and Conditions and each of the Rules and Policies operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
33.5 If we fail to insist that you perform any of your obligations under these Terms and Conditions or any of the Rules and Policies, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.