Terms & Conditions

 

TERMS OF SALE

1. OUR CONTRACT WITH YOU

1.1 These terms of sale apply to all products supplied by BioCare Ltd, of 1 Hedera Road, Ravensbank Business Park, Redditch, B98 9EY, United Kingdom (‘We/Us’). Please read these terms of sale carefully and retain a copy for future reference.

1.2 When you submit an order to Us, this does not mean We have accepted your order. No contract exists between you and Us for the sale of any products until We actually dispatch the products to you. Once We do so, there is a binding legal contract between us.

1.3 The contract is subject to your right of cancellation if you are a consumer (see below).

1.4 We may change these terms of sale without notice to you in relation to future sales.

 

2. ORDERS FOR THE PRODUCTS

2.1 The description of the products you order will be as shown on Our website or catalogue at the time you place your order.

2.2 The products are subject to availability. If, for any reason beyond Our reasonable control, we are unable to supply a particular item, We will not be liable to you except to ensure that you are not charged for that item. We will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the products.

2.3 Our online store is available for non-commercial customers only, unless you have opened a trade account with Us. We reserve the right to refuse orders from businesses or orders that we consider are for commercial or other non-domestic concerns unless they have a trade account with us. Separate terms and conditions apply to trade accounts, which are available on request to trade customers.

2.4 The products are not intended for resale. This includes not reselling the products through a third party website or organisation such as Amazon or Ebay. We reserve the right not to supply products to individual customers in response to orders where it is reasonable to assume they will be on-selling them.

2.5 Every effort is made to ensure that the prices shown on Our website or Our catalogue are accurate at the time you place your order. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch the item concerned.

2.6 If an error is found on Our website or catalogue or in any order, We will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, We will refund or recredit you for any sum that has been paid by you or debited from your credit card for the products.

2.7 In addition to the price, you will be required to pay a delivery charge for the products, as shown in the section of Our website or catalogue about delivery.

2.8 The price of the products and delivery charges are inclusive of VAT.

2.9 Payment for the products and delivery charges can be made by any method shown in Our website or catalogue at the time you place your order.

2.10 Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.

 

3. DELIVERY

3.1 The products you order will be delivered to the address you give when you place your order. However, for deliveries outside the United Kingdom additional delivery charges may apply. Please note that you may also be required to pay import duties and/or taxes when your order reaches your country. These and any other charges for customs clearance are your sole responsibility. Due to external regulations of non UK authorities there are a select few products unavailable in certain countries. These will be blocked at checkout.

3.2 If there is no one at the address given who is competent to accept delivery of the products, you will be notified of an alternative delivery date or a place to collect the products.

3.3 Every effort will be made to deliver the products as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, We will inform you as soon as possible.

3.4 You will become the owner of the products you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

 

4. YOUR RIGHT OF CANCELLATION

4.1 If you are a consumer, you have the right to cancel the contract at any time up to the end of fourteen days after you receive the products (see below).

4.2 To exercise your right of cancellation, you must give written notice to Us by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the products ordered and (where appropriate) their delivery. To exercise your right to cancel please complete the Right of Cancellation website form.

4.3 If you exercise your right of cancellation after the products have been delivered to you, the products must be returned to the address shown below. You must take reasonable care to ensure the products are not damaged in the meantime or in transit.

4.4 Once you have notified Us that you are cancelling the contract, We will refund or recredit you within fourteen days for any sum that has been paid by you or debited from your credit card for the products.

4.5 You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. The item should be returned to us in their original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.

4.6 If you do not return the products as required, We may charge you a sum not exceeding the direct costs of recovering the products.

5. LIABILITY

5.1 You can return faulty products up to 30 days from receiving your order.

5.2 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect your legal rights.

6. DATA PROTECTION

6.1 Please see our Privacy Policy for the personal information we collect through Our website and how we use it.

6.2 We take all reasonable precautions to keep the details of your order and payment secure but, unless We are negligent, We will not be liable for unauthorised access to information supplied by you.

6.3 We will only use the information you provide about yourself for the purpose of fulfilling your order, or to notify you of similar products that We supply and that may be of interest to you from time to time, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Us at the address, fax number or email address shown below.

7. APPLICABLE LAW

7.1 These terms of sale and the supply of the products will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract. This does not affect any legal rights you may have as a consumer under the law of any other part of the United Kingdom, or any other EU member state where you live, or any right you may have to take legal proceedings there.

8. CUSTOMER SERVICE

8.1 For further information about Our products, or to deal with any queries, please contact our Customer Service Department by email at customerservice@biocare.co.uk, by fax to +44 121 433 8705, or by telephone on +44 121 433 3727.

BioCare Limited
Registered in England and Wales no. 01948434

Registered office: 1 Hedera Road, Ravensbank Business Park, Redditch, B98 9EY
VAT number is 249 7866 41
Version: July 2013

TERMS OF WEBSITE USE

This page (together with the documents referred to on it) explains the terms of use on which you may make use of our website [www.biocare.co.uk] (our Site), whether as a visitor or a registered user. Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.

INFORMATION ABOUT US

Biocare.co.uk is a Site operated by BioCare® Ltd. ("We"). We are registered in England and Wales under company number 01948434 and have our registered office at 1 Hedera Road, Ravensbank Business Park, Redditch, B98 9EY. Our main trading address is as before. Our VAT number is 249 7866 41.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site or to restrict access to some parts of our Site, or our entire Site, to users who have registered with us without notice.

We will not be liable if for any reason our Site is unavailable at any time or for any period.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We retain the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our Site, you must comply with the provisions of these terms as set out herein.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

YOUR USE OF OUR SITE

You may use our Site only for lawful purposes. You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms.
Not to access without authority, interfere with, damage or disrupt:
any part of our Site;
any equipment or network on which our Site is stored;
any software used in the provision of our Site; or
any equipment or network or software owned or used by any third party.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Use of the Site does not give you any rights as to the intellectual property herein.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site or make any use of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials and information posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change the content at any time. Therefore we encourage you to read these terms regularly even if you are a registered user since these terms are legally binding on you. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

Our Site is provided as it currently is and we do not guarantee that the Site will meet your expectations or requirements.  If your computer equipment does not support relevant technology, including encryption, you may not be able to access the Site and/or use some or all of the Services.

Our Site is accessed via the World Wide Web, which is independent of us.  Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations.  We do not represent that our Site is appropriate or available for use in any jurisdiction other than the United Kingdom.

We will not have any liability to you or any other person, arising out of or in connection with your use of the Site, or your inability to use the Site, or for any other reason including: (i) anything due to any events outside our reasonable control; or (ii)  unforeseeable losses or damages.

Nothing in these Terms is intended to limit or exclude any liability for death or personal injury arising from negligence, or for fraudulent misrepresentation, or any other liability which may not be limited or excluded by law, or intended to affect your statutory rights as a consumer.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our Site, you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of GOODS OR SERVICES OR INFORMATION formed through our Site or as a result of visits made by you are governed by our Terms of Sale.

UPLOADING MATERIAL TO OUR SITE

If you upload any contribution to our Site, we have the right to use, copy, distribute and disclose to third parties any such material for our business purposes. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any contributions posted by you or any other user of our Site.
We have the right to remove any contributions, material or posting you make on our Site if, in our opinion, such material does not comply with the terms herein.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 as may be amended or re-enacted. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out herein.

If you wish to make any use of material on our Site other than that set out above, please address your request to customerservice@biocare.co.uk.

LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

SUSPENSION, TERMINATION AND INDEMNITY

If you breach or fail to comply with these terms or any part hereof, we may take such action as we deem appropriate and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude all and any liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

JURISDICTION AND APPLICABLE LAW

These terms of use are governed by English law. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings and enforce judgements against you for breach of these conditions in your country of residence or any other relevant country. This does not affect any legal rights you may have as a consumer under the law of any other part of the United Kingdom, or any other EU member state where you live, or any right you may have to take legal proceedings there.

TRADEMARKS

BioCare® is the UK registered trade mark of BioCare® Ltd.

VARIATIONS

We may revise these terms of use or any part at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact customerservice@biocare.co.uk

Thank you for visiting our Site.

 

PROMOTIONS

'IBS Wellness Package Prize Draw' Terms & Conditions

Be in with a chance of winning 1 of 3 of our ‘IBS Wellness Packages’ (worth over £1,000) when you purchase any BioCare Digestion category product (https://www.biocare.co.uk/applications/digestion) from BioCare Ltd between 3rd – 30th April 2024, attend an IBS consultation (booked via https://www.biocare.co.uk/ibs-consultation) or download our IBS Good Gut Guide (https://www.biocare.co.uk/ibs-guide).

1. The promoter of the Prize Draw is BioCare Limited (“Biocare”), 1 Hedera Road, Redditch B98 9EY.
2. Each of the 3 prizes comprise: 1x 1-hour video consultation with a BioCare nutritional therapist and 2x follow-up consultations, 2x gut test kit (RRP £120), 3-months free BioCare nutritionist recommended products, 1x annual subscription to the Calm app (RRP £39.99), 1x Sage ‘The Q’ Blender (RRP £419.95), 1x £200 Daylesford & Bamford gift card (expiry date 21/04/25).
3. The Prize Draw is open to all UK residents aged 18 years or over, except employees of BioCare, their families, agents or any third party directly associated with administration of the prize draw.
4. If you make a digestion category (https://www.biocare.co.uk/applications/digestion) purchase as a consumer via www.biocare.co.uk or via our customer service team between 3rd – 30th April 2024,  you will automatically be entered into the prize draw in respect of each separate purchase. Alternatively, you can enter for free by attending a free IBS nutritional consultation with a BioCare nutritionist (booked via https://www.biocare.co.uk/ibs-consultation) or by downloading our IBS Good Gut Guide (https://www.biocare.co.uk/ibs-guide). If you have any questions about how to enter or in connection with the Prize Draw please email us at marketing@biocare.co.uk.
5. The opening date for entries is 00:00 on 3 April 2024. The closing date of the prize draw is 23:59 on 30 April 2024. Entries received after this time will not be considered.
6. Only one entry per person will be entered into the prize draw where entry is via the forms (consultation and guide download) referred to in paragraph 4 above. However, multiple entries per person are allowed from people purchasing products between 3rd – 30th April 2024 (for example, if a person places more than one order during this time, that person will be entered into the prize draw each time they place on order).
7. The 3 winners will be chosen at random from the qualifying entries. A random computer process will be used to select a winner at random and the result will be final.
8. No discussion will be entered into concerning the outcome.
9. Each winner will be notified by email/telephone (using the details provided at entry) within 7 working days of 30 April 2024 and must provide a postal address to claim their prize. If a winner does not respond within 14 days of being notified, then the winner's prize will be forfeited and BioCare shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner's prize will be forfeited and BioCare shall be entitled to select another winner in accordance with the process described above. Biocare will make multiple attempts to communicate via email and telephone to effectively contact the winners.
10. The prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes. BioCare retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.
11. BioCare must either publish or make available information that indicates that a valid award took place. To comply with this obligation BioCare will send the surname and county of each winner and, if applicable, copies of their winning entry, to anyone who emails marketing@biocare.co.uk or writes to BioCare Limited (“Biocare”), 1 Hedera Road, Redditch B98 9EY (enclosing a self-addressed envelope) within 1 month after the closing date stated in paragraph 5. If you object to any or all of your surname, county and winning entry being published or made available, please contact BioCare by writing to BioCare Limited (“Biocare”), 1 Hedera Road, Redditch B98 9EY or emailing marketing@biocare.co.uk. In such circumstances, BioCare must still provide the information and winning entry to the Advertising Standards Authority on request.
12. BioCare accepts no responsibility for any costs associated with the prize and not specifically included in the prize (including, without limitation, travel to and from a location). The prize will be sent by post using UK tracked delivery to the prize winner's address.
13. The winner may be requested to take part in promotional activity related to the Prize Draw.
14. BioCare will use and take care of any personal information supplied to it as described in its privacy policy and in accordance with data protection legislation. Please note, in particular, that by entering the Prize Draw your personal data will be processed by BioCare in order to process and contact you about your Prize Draw entry.
15. BioCare reserves the right to hold, void, cancel, suspend or amend the promotion where it becomes necessary to do so.
16. The Prize Draw will be governed by English law and entrants to the Prize Draw submit to the exclusive jurisdiction of the English courts.