Terms and Conditions

Terms of Use and Sale

By using our Site, you confirm that you accept these terms and conditions of use and sale (the “Website Terms”) and that you agree to comply with them. If you do not agree to these Website Terms, you must not use our Site.

We may update these Website Terms from time to time, for example, to comply with changes in the law or to take account of new ordering processes, goods or services that we may offer. You should, therefore, review these terms regularly to make sure you are happy with any changes that we may make.

1. Contact Details

1.1 We operate www.digestive-health-practitioner.com (Nutrakarma). Registered office: 136-140 Old Shoreham Road, Brighton, BN3 7BD, United Kingdom.

If you have any questions about these Website Terms or any other customer service enquiries, then please contact us by email at info@digestive-health-practitioner.com.

1.2 Copyright in our site belongs to Nutrakarma.

2. Your status

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

3. How the contract is formed between you and us

3.1 After placing an order online, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product from our site (Product). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation

3.2 It is important that you provide an accurate and valid email address in order that we are able to contact you and so that we are able to accept your order. You must also ensure that if this address and/or your delivery address changes between submitting your order and delivery of the Product(s) by us to you, you advise us of the new address(es). We will not be responsible for failure to perform under these terms and conditions where such failure is attributable to a change of address.

4. Consumer rights

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5. Availability and delivery

5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation unless there are exceptional circumstances. We normally dispatch within three (3) business days of receiving your order.

5.2 We will arrange for delivery of the Products ordered by you by the method (if applicable) and to the address which you specify in the check out procedure.

5.3 If you do not take delivery of the Products or supply adequate delivery instructions, we may cancel your order and retain the Products. In this event, we will refund you the price of the Products in accordance with our refunds policy, but you will still be liable to pay any delivery charges. Please note: in accordance with our shipping terms and conditions, a delivery charge of £2.95 will apply to any orders that are required to be re-shipped to you and free shipping will not apply in these circumstances.

6. Risk and title

6.1 The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

7. Price and payment

7.1 All prices quoted are in UK pounds sterling (£). Product prices exclude the cost of delivery.

7.2 In cases where free delivery does not apply, delivery charges vary according to the method of delivery and the delivery address specified in your order.

7.4 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Products are subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Products, in accordance with our refunds policy.

7.5 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8. Our refunds policy

8.1 If you return a Product to us:

(a) because you have cancelled the Contract between us within the seven (7) day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us;

(b) for any other reason (for instance, because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

(c) if for any reason, you want to change an order (for instance, from a downloadable product to a physical one) you can do so within thirty (30) days.  If the new item has a lower price, you will receive a refund to match the new price. Please note that PayPal or card fees won’t be refunded.

8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9. Warranty

We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

10. Our liability

10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.

10.3 Nothing in these terms and conditions excludes or limits our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11. Import duty

11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. You also must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

12. Written communications

12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 our 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.

13. Website information

13.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

13.2 Any information and the Products obtained from our site and/or our organisation should not be taken as medical advice for any reason. The information is not intended to replace advice given by your doctor. Nothing on this site or information otherwise obtained from us is intended to be, nor should it be construed to be, medical advice or medical claims.

13.3 The information and Products on our site are not intended to diagnose, treat or cure any disease and are not a guide for self-diagnosis and/or treatment. We do not accept responsibility for the use or misuse of the information and Products.

13.4 The content of our site is for your general information and use only.

13.5 You may not create a link to our site from another website or document without our prior written consent.

14. Waiver

14.1 Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

15. Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Events outside our control

16.1 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 an Event Outside Our Control. An Event Outside Our Control is defined in clause 16.2.

16.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

16.3.1 we will contact you as soon as reasonably possible to notify you; and

16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17. Entire agreement

17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

17.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

18. Our right to vary these terms and conditions

18.1 We have the right to change these conditions from time to time, as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. You are therefore advised to re-read this statement on a regular basis

19. Law and jurisdiction

The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the United Kingdom courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

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