ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.questexcellence.com (Website). Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Quest Vitamins (Company).
1.1 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.2 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages on the Website.
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Company’s copyright and trade mark notices and this permission notice appear in all copies.
You may not use the Website for commercial purposes or re-publication.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website for any purpose, other than in accordance with clause 2.1, is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5.4 We will NOT pass on your details to 3rd parties for the purposes of direct marketing.
5.5 If, at a later date, you no longer wish to receive information from us or continue to subscribe to our mailing list, you may contact us or unsubscribe via the Website.
5.6 LASTLY, WE MAY AUTOMATICALLY COLLECT AND STORE THE IP ADDRESS FROM WHICH YOU ACCESS THE INTERNET, THE DATE AND TIME YOU ACCESS THE WEBSITE, AND THE WEB PAGES YOU VISIT. THIS INFORMATION MAY BE PASSED TO THIRD PARTIES TO HELP US TO IMPROVE OUR SERVICE TO YOU OR TO IDENTIFY AND CORRECT PROBLEMS WITH OUR SERVERS AND FOR SYSTEMS ADMINISTRATION.
6. LINKS TO OTHER WEBSITES
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. All third party websites linked to the Website should be used at your own discretion and only in conjunction with the terms and conditions relevant to the linked site.
7.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
7.2 To register with www.questexcellence.com you must be over sixteen years of age. You must ensure that details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
7.3 Responsibility for the security of any passwords issued rests with you.
8.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
8.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by the laws of England and Wales) which, but for this legal notice, might have effect in relation to the Website.
9.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s affiliated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. DESCRIPTION OF THE PRODUCTS
10.1 The description and specification of products in the Website is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those products.
10.2 We may correct any error appearing in the Website or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
10.3 Information provided on this website should not be construed as medical advice. We advise customers to consult a qualified medical practitioner for any medical advice.
11. ORDERING PRODUCTS
11.1 You may order products from the Website by submitting a completed order form through the check out procedure.
11.2 We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.
12. PRICE AND PAYMENT
12. 1The price of the products will be the price quoted in the Website at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery.
12. 2 In addition to the price, you will have to pay our delivery charges as quoted in the Website at the time we accept your order - unless you qualify for free delivery. The amount of these charges varies according to the method of delivery and the delivery address you specify in your order.
12.3 Payment is made by credit card at the time we accept your order. (The credit cards we accept are listed in the Website at the time you place your order). Refunds will generally be made by means of a credit to your credit card.
12.4 Although every care is taken in the quality of content on this site, there may occasionally be an error and items may be mispriced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price.
13. DELIVERY OF PRODUCTS
13.1 We will arrange for delivery of the products you order by the method and to the address which you specify in the check out procedure. However, the time for delivery will not be essential to the contract between us.
13.2 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, but you will still be liable to pay any delivery charges.
13.3 If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
14. CANCELLING ORDERS
14.1 You may cancel your order by notifying us in writing at any time up to 14 days after your products have been delivered. The notification should state your order number and give the reason for cancellation.
14.2 If you cancel your order after we have dispatched the products, then you must return the products to us at the address mentioned above. The products should be returned in a reasonable condition and at your own expense. We recommend the use of a Recorded Delivery Service.
14.3 You can no longer cancel your order once you have opened the product containers or used the products. However, your statutory rights concerning the quality of those products will be unaffected.
15.1 The products advertised in the Website are intended for sale to persons dealing as consumers and are not for re-sale.
15.2 The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between us, so that no contractual rights are conferred on third parties.
16. GOVERNING LAW AND JURISDICTION
16.1 Any contract between us shall incorporate these terms and conditions and be under English law. If there is any dispute, the English Courts will have exclusive jurisdiction.
16.2 This legal notice shall be governed by and construed in accordance with the laws of the
Issue Date: May 2009