1.1. This Website is owned and operated by Potion Health Limited. Registered office and contact details are at Conditions 6.9 to 6.10 below.
All business-to-consumer and e-commerce activities of Potion London are conducted by Potion Health Limited. Any contract You enter into through the Website will be with Potion Health Limited.
These Conditions apply to any access to, and use of, this Website. These Conditions will apply to any contract for the sale of Products to You. Please read the Conditions before placing an order to ensure that You understand them. You will be asked to agree to these Conditions before placing an order. If you do not agree to these Conditions You will not be able to place an order for Products on this Website.
Please note that we may amend these Conditions from time to time. Every time You wish to place an order, please check the Conditions to ensure you understand the Conditions as they apply at that time.
These Conditions and any contract following an order for Products are in the English language only.
“Conditions” means these terms and conditions;
“Content” means all content available on the Website. This includes text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation of any of these;
“Dispatch Note” means the document enclosed with Your order that lists all of the Products that We have sent to You;
“Eire” means the Republic of Ireland;
“Force Majeure” means any act of god, war, riot, civil disturbance, labour disturbance, terrorism, fire, storm or flood; act, restriction, regulation, by-law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority; import or export regulation or embargo; strike, industrial dispute, or lockout; explosion, power outage, breakdown or unavailability of plant, property, and/or machinery; or any other cause beyond Our reasonable control;
“Goods” means any Products which are the subject of a purchase contract under these Conditions;
“Potion London” means Potion Health Limited;
“Mainland UK” means England, Scotland and Wales mainland and does not include United Kingdom Offshore;
“Order Acceptance Policy” means the terms governing the acknowledgement and acceptance of Your order;
“Personal Information” means the details provided by You;
“Purchaser” means an individual who enters into a contract to purchase goods or services from Us;
“Product” means a product displayed for sale on the Website;
“Product Description” means that part of the Website where certain information in respect of the individual Product is provided;
“Recipient(s)” means the person or persons to whom the Purchaser stipulates the goods should be shipped;
“Trade Marks” means the trade marks, logos, and service marks displayed on the Website;
“United Kingdom” means England, Northern Ireland, Scotland and Wales mainland and does not include United Kingdom Offshore;
“We/Us/Our/Ourselves” means Potion Health Limited or our Partnered Brands
“Website” means potionlondon.com;
“You/Your/Yours/Yourself” means You, a user of the Website.
3.1.1. You are provided with access to the Website in accordance with these Conditions and any orders placed by You shall be placed strictly in accordance with these Conditions.
3.2.1. You warrant that the Personal Information that You provide when You register as a customer is true, accurate, current and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
3.2.2. You agree to notify us immediately of any changes to Your Personal Information by contacting email@example.com
3.2.3. We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence on Our part of negligence or failing to comply with data protection legislation, We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide.
3.3. Our rights
3.3.1. We reserve the right to:
(a) Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
(b) Change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions, then You must immediately stop using the Website.
4 ONLINE ORDERS
4.1 Order Acceptance
4.1.1 All orders are subject to acceptance in accordance with Our Order Acceptance Policy.
If You have provided Us with a valid email address, then after You have ordered We will send You an order acknowledgement email detailing the Products You have ordered. This does not mean that Your order has been accepted. Our acceptance of Your order will take place upon dispatch of the Product(s) ordered. On dispatch of Your order we will send You a dispatch confirmation email, at which point the contract between Us and You will be formed.
We may be unable to supply You with a Product and not accept an order because:
If there are any problems with Your order, You will be contacted by Our Customer Services Team as soon as possible.
We reserve the right to reject any offer to purchase by You at any time.
If you have already paid for the Products we will refund you the full amount including any delivery costs charged as soon as possible.
4.1.2 All Products shown on the Website are subject to availability.
4.2 Order cancellation, amendment and returns
Making a return or exchange for a product purchased from Us is easy. Send your unopened product(s) back to us within 14 days of receiving your order together with a copy of your order confirmation. Please notify us first of your intention to return by emailing firstname.lastname@example.org with details of your order. Please note that shipping a return is at your own cost and we are unable to refund your original order’s shipping cost. Customs duties and sales taxes are non-refundable through Potion London. However, you may be able to recover these by contacting your local customs bureau directly.
WHERE SHOULD I SEND MY RETURN OR EXCHANGE?
When you notify us of your intention to return a product by emailing email@example.com, we will respond with the appropriate returns address.
WHAT CAN I RETURN OR EXCHANGE?
We accept returns and exchanges for unused, sealed products that are in re-saleable condition. As our products are ingestible, we are unable to accept returns of opened products.
CAN I RETURN PRODUCTS PURCHASED SOMEWHERE OTHER THAN POTIONLONDON.COM?
We are unable to accept returns or exchanges for products other than those purchased directly from us at potionlondon.com. If you purchased your products from a department store, specialty retailer, other online store or elsewhere, please process your return with the original company of purchase.
WHEN CAN I EXPECT MY REFUND?
Refunds will be processed once the return has been received and checked that it is in a resaleable condition. Notifying us of your return prior will ensure we are watching out for your return so it can be processed as efficiently as possible. Refunds are processed back to the method of payment used when placing your original order (either PayPal or Credit Card). PayPal refunds are instantaneous, while credit card refunds can take up to 2 weeks from processing to be visible on your credit card statement, depending on your financial institution. Once processed, you will receive an email notification.
CAN I CHANGE OR CANCEL MY ORDER?
We are able to modify or cancel your order if you are able to contact us before we dispatch your order to you. Please contact hello@potionlondon to change an order.
4.3 Prices and Payment
4.3.1 The prices of the Products will be as quoted on the Website at the time You submit Your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
4.3.2 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
4.3.3 If we discover an error in the price of the Products You have ordered we will honour the advertised price, however please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mispricing, we do not have to provide the Products to You at the incorrect price.
4.3.4 With regard to any contract for the purchase of Products from the Website, all prices and delivery charges are inclusive of VAT (where applicable) at the current rates, and are correct at the time of entering Your order onto Our system. The total cost of Your order is the price of the Products ordered plus delivery charges, as advised at checkout.
4.3.5 You confirm that the credit or debit card used for the purchase of the Goods is Yours. All credit and debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.
4.3.6 Please be aware that We do not have the facility to deduct VAT when charging for goods, for customers located outside of the EU.
4.4 Refusal of transaction
4.4.1 With regard to any contract for the purchase of Products from the Website, We reserve the right to withdraw any Products from the Website at any time and/or remove or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at Our sole discretion. We will notify You if We do not accept Your order. We will not be liable to You or any third party by reason of:
4.5 Eligibility to order
4.5.1 To be eligible to purchase Products on this Website and lawfully enter into and form a contract with Us under English law, You must:
(a) When creating an order, provide Your real name, phone number, email address, payment details and other requested information;
(b) Stipulate a valid delivery address. Please note that PO Box numbers, BFPO addresses, mail forwarding addresses and temporary-residence addresses are not acceptable;
(c) Possess a valid credit or debit card issued by a bank acceptable to Us;
4.5.2 By making an offer to buy a Product, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including, but not limited to, Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.
4.6 Promotions and discounts
Discounts are issued in the form of either ‘£ savings’ or a ‘percentage off’ which are offered to customers via promotional emails, advertisements, on-site banners or third party communications.
There is no cash alternative and all applicable terms and conditions are non-negotiable. Unless otherwise stated, discounts are only applicable to full-price items (sale and clearance items are not included). We reserve the right to cancel or change any promotion/discount without notice, at any time.
4.6.2 Using promotional codes
If using a promotional code, the code provided should be entered in the ‘Discount Code’ box at the checkout. Some promotions will be subject to a minimum spend threshold (please refer to the original source of the promotion). Wherever a minimum spend threshold applies, the minimum spend does not include shipping costs.
5.1. We do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. You agree that access to the Website is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.
5.2. Images of the Products (and any associated packaging) on the Website are illustrative only. Whilst We have made every effort to display the Products featured on the Website as accurately as possible, the colours We use, and the display and colour capabilities of Your particular computer monitor, will greatly affect the colours You actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that Your monitor’s display of any colour, texture, or detail of actual merchandise will be accurate.
5.3. We endeavour to present the most recent, most accurate, and most reliable information on the Website at all times. However, We make no claims to its accuracy, either expressed or implied. There may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and We apologise for any inconvenience that this might cause. We reserve the right to amend errors, make changes to the Website or to update Product information at any time without prior notice and without any liability on Our part.
5.4. Certain (hypertext) links in the Website may lead to other websites that are not under Our control. When You activate any of these, You will leave the Website and We have no control over and will accept no responsibility or liability for the content, accuracy or any other aspects of any website that is not under Our control. The provision of a link is for Your information and convenience only and does not imply an endorsement of any kind by Us.
5.5. While We take all reasonable care to ensure the integrity of the Website and the accuracy of the information contained in it, We cannot accept any liability to any person for any loss or damage of any kind, which may arise from the use of the Website or any of the materials or information contained in it, and You use the Website at Your own risk.
5.6. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information, including Product descriptions, appearing on the Website at a particular time may not always reflect the position exactly at the moment You place an order.
5.7. The disclaimers and limitations of liability in this Condition 5 do not affect Your statutory rights as a consumer, nor do they affect Your contract cancellation rights as set out in these Conditions.
LIMITATIONS OF LIABILITY
5.8.1. THE PRODUCTS ARE SOLD ONLY FOR DOMESTIC AND PRIVATE USE. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF OR INTERRUPTION TO BUSINESS, OR LOSS OF REVENUES, PROFITS, GOODWILL OR BUSINESS OPPORTUNITY.
5.8.2. NOTHING IN THE CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR:
(a) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;
(b) FRAUD OR FRAUDULENT MISREPRESENTATION;
(c) BREACH OF TERMS IMPLIED BY THE SALE OF GOODS ACT 1979 (AS TO TITLE, DESCRIPTION, QUALITY, FITNESS FOR PURPOSE AND CORRESPONDENCE WITH SAMPLES); AND
(d) DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION ACT 1987.
5.8.3. SAVE IN RELATION TO CLAUSE 5.9.3, OUR LIABILITY UNDER ANY CONTRACT FOR PRODUCTS PURCHASED FROM US SHALL BE LIMITED TO THE VALUE OF YOUR ORDER.
5.9. Please be aware that in respect of all Products which appear on the Website:
5.9.1. all material and information (“Information”) provided by Us on the Website is intended for educational or informational purposes only and will not have been evaluated by the National Institute for Health and Clinical Excellence (N.I.C.E.);
5.9.2. any reported results contained in the Information may not necessarily occur in all individuals;
5.9.3. neither the Products nor the Information are intended to diagnose, treat, cure or prevent any condition or disease.
Use of the Website is not meant to serve as a substitute for professional medical advice and does not replace any medical professional or medical resource. We do not give or intend to give any answers to medical-related questions and the Website does not replace any medical professional or medical resource. We do not represent Ourselves as medically qualified in any way nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website.
Please consult with Your own doctor regarding the use of any Products ordered from the Website before using or relying on any Information. Your own doctor should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
5.10. We shall not be under any liability to You in the event of Our failure, delay or default in carrying out all or any of Our obligations under a contract with You due in whole or in part to an event of Force Majeure. If an event of Force Majeure occurs We will notify You as soon as reasonably possible. If the event of Force majeure affects Our delivery of Products to You, We will arrange a new delivery date with You when the event of Force Majeure has ended.
6.1. Resale of Product
You may not sell or resell any of the Products or services, or any samples thereof, that You receive from Us.
6.2. Unauthorised use of Domain Name
From time to time, certain cyber squatters or other unauthorised persons may register in bad faith a confusingly similar domain name with the intention of taking unfair advantage of Potion London’s reputation and goodwill. The Potion London Website address on the Internet is potionlondon.com Any other domain name that appears to represent itself as being a Potion London Website may not be related to Us and may represent an unlawful infringement of Our rights, reputation and goodwill. We are not responsible and cannot be held liable to any person for the contents of or anything related to these other unlawful purportedly ‘Potion London’ websites.
6.3. Intellectual Property
6.3.1. The content of the Website is the property of Potion London, Our affiliates or Our partners, and is protected by UK and international copyright laws.
6.3.2. The Trade Marks used on the Website are the registered and unregistered marks of Potion London, Our affiliates or Our partners, and are protected by UK and international trade mark laws. All other Trade Marks not owned by Us, Our affiliates, Our partners or Our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.
6.3.3. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited.
6.3.4. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, or create derivative works of such material and content for commercial purposes.
6.4. Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
6.6. Third Party Rights
Any contract pursuant to these Conditions shall be between You and Us. No other person shall have the right to enforce any provision of any such contract under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.
If We waive any default by You (which We would only do in writing), this will not mean that We automatically waive of any preceding or succeeding default by You. If we fail to insist that You perform your obligations, or We delay in doing so, this does not mean We have waived our rights against You.
The Conditions are governed by English law. Any contract for the purchase of Products through the Website and any dispute or claim arising out of the contract will also be governed by English law. We and You agree that the courts of England and Wales will have non-exclusive jurisdiction.
6.9. Registered Office
The registered office address of Potion Health Limited is:
Holly Cottage, Mill Lane, Rowington, Warwickshire, CV35 7DQ
6.10. Contact Us
Any queries or comments should be directed to the head office of Potion London as follows:
Post: Potion Health Limited, PO Box 65032, London N5 9BY