Terms of Sale
Our terms for the sale of goods through this website
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These terms
- What these terms cover. These are the terms and conditions on which we supply goods to you, being the individual person or business (be that an individual engaged in business, firm or corporate entity) (“you” or “your”) purchasing goods through the sciencesupplements.com website (the “Site”).
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
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Information about us and how to contact us
- Who we are. We are Westgate Country & Equestrian Supplies LLC trading as Science Supplements (“Science Supplements”, “we”, “us”, or “our”).
- How to contact us. You can contact us by emailing us at hello@sciencesupplements.com.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order.
- "Writing" includes e-mails. When we use the words "writing" or "written" in these terms, this includes e-mails.
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Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us (the “contract”).
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
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Our goods
- Goods may vary slightly from their pictures. The images of the goods on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the goods. Your goods may vary slightly from those images.
- Packaging may vary. The packaging of the goods may vary from any shown in images on the Site.
- Your rights to make changes. If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes. We may change the goods: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements.
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Providing the goods
- Delivery costs. The costs of delivery will be as quoted to you on the Site at time of purchase.
- When we will provide the goods. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
- Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 10 am to 4 pm on weekdays (excluding public holidays).
- If you are not available when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your mailbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local post office or courier.
- If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
- When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organized by you collect them from us.
- When you own goods. You own the goods once we have received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to: (a) deal with technical problems or make minor technical changes; or (b) update the goods to reflect changes in relevant laws and regulatory requirements.
- Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of any goods, unless the problem is urgent or an emergency. If we have to suspend the supply of any goods we will adjust the price so that you do not pay for such goods while they are suspended. You may contact us to end the contract for any goods if we suspend their supply, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the goods.
- We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice. We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods we can also charge you interest on your overdue payments.
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How to end the contract with us
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- e-mail us at hello@sciencesupplements.com. Please provide your name, home address, details of the order and, where available, your phone number and e-mail address.
- Returning goods after ending the contract. If you end the contract for any reason after goods have been mailed to you or you have received them, you must return them to us. You must return the goods in person to where you bought them, or e-mail us at hello@sciencesupplements.com for a return label or to arrange collection.
- When we will pay the costs of return. We will pay the costs of return: (a) if the goods are faulty or misdescribed; or (b) if you are ending the contract because we have told you of an upcoming change to the goods, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the goods less delivery costs by the method you used for payment.
- When your refund will be made. Your refund will be made within 14 days of you telling us you have changed your mind.
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Our rights to end the contract
- We may end the contract if you break it. We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or
- you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
- We may withdraw goods. We may write to you to let you know that we are going to stop providing any goods. We will refund any sums you have paid in advance for goods which will not be provided.
- If there is a problem with the goods. If you have any questions or complaints about any goods, please contact us by calling customer services on (864) 523-4567 or e-mailing us at hello@sciencesupplements.com.
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Limited warranty; warranty disclaimer
- We warrant that on delivery any goods shall: (a) conform in all material respects with their description; and (b) be free from material defects in design, material and workmanship.
- Subject to clause 11.3, if you give us notice in writing within a reasonable time of discovery that any goods do not comply with the warranty set out in clause 11.1, we are given a reasonable opportunity of examining such goods; and you return such goods to us at our cost, we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
- We will not be liable for any goods’ failure to comply with the warranty in clause 11.1 if (a) you make any further use of such goods after giving a notice in accordance with clause 11.2; (b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; (c) the defect arises as a result of us following any formula, design or specification supplied by you; (d) you alter or repair the goods without our written consent; or (e) the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 11, we shall have no liability to you in respect of the failure of any goods to comply with the warranty set out in clause 11.1.
- These terms shall apply to any repaired or replacement goods supplied by us under clause 11.2.
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Price and payment
- Where to find the price for the goods. The price of the goods (which excludes tax unless otherwise stated) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the goods you order.
- What happens if we got the price wrong? It is always possible that, despite taking all reasonable care, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. All amounts are payable in U.S. Dollars. You must pay for the goods before we mail them. We will not charge your credit or debit card until we mail the goods to you. We may charge late payment interest of 1% per month on undisputed amounts, or the maximum rate permitted by applicable law, whichever is less.
- Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
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Limitation of liability
- Nothing in these terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors (as applicable); (b) fraud or fraudulent misrepresentation; or (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Subject to clause 13.1: (A) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (B) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 150% of the total sums paid by you for goods under the contract to which your claim relates.
- We will use your personal information in accordance with our Privacy Policy.
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Miscellaneous terms.
- Entire agreement. You acknowledge that you have read these Terms, understand them, and agree to be bound by them. These Terms, together with our Privacy Policy and Terms of Use, each as may be amended by us from time to time, constitute the entire agreement between you and Science Supplements regarding the online ordering services provided by the Site. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms.
- Assignment or transfer. We may assign or transfer our rights and obligations under these terms to another entity. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- No third-party beneficiaries. Nobody else has any rights under this contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- Severability. If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Waiver. Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Governing law and jurisdiction. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of Delaware and the courts of the state of Delaware shall have exclusive jurisdiction to settle any such dispute or claim.
- Language. These terms were originally written in the English language and the English language version shall control over any translations.