Terms and Conditions

of Supply

1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 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 products 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.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who you are contracting with if you live in the UK. If you reside in the UK, any contract you enter into with us will be with Genevia Lifesciences Ltd a company registered in England and Wales with company registration number 12149416. Genevia Lifesciences Ltd.’s registered office is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ and its registered VAT number is 362 7731 84.

2.2 Who you are contracting with if you live somewhere other than the UK. If you do not reside in the UK, any contract you enter into with us will be with Genevia Lifesciences AG a public limited company registered with the Swiss Office of Commerce in Switzerland with reference number CH-170.3.042.404-2. Genevia Lifesciences AG’s registered office is at 15 Alpenstrasse Street, 6300, Zug, Switzerland and its registered VAT number is CHE-211.364.312.

2.3 How to contact us. To get in touch with us, just shoot us an email at customercare@gobigold.com and we will get back to you as soon as possible!

2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 Subscription contract (applies to monthly and quarterly plans only). When entering into this contract with us, you are ordering our products on a subscription basis. The type, volume, and frequency at which we will provide products to you is set out in your order. You will be charged and will pay for the products each time that we provide the products to you. By entering into this contract, you are expressly providing us with continuous payment authority to charge your chosen payment method periodically in accordance with your subscription.

3.2 One-off purchase contract. When entering into this contract with us, you are ordering our products on a one-off purchase plan. The type, volume, and frequency at which we will provide products to you is set out in your order. You will be charged and will pay for the products each time that we provide the products to you. By entering into this contract, you are expressly providing us with payment authority to charge your chosen payment method in accordance with your order.

3.3 How we will accept your order. Our acceptance of your order will take place when we email you to let you know that your order has been received and accepted, at which point a formal contract will come into existence between you and us.

3.4 If we cannot accept your order. If we are unable to accept your order (for whatever reason), we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits or restrictions on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product (on our website or other marketing materials), because we are unable to meet a delivery deadline specified in the order or because we are unable to deliver to the delivery location that you have requested.

3.5 Your order ID. We will assign an order ID or reference 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 ID or reference whenever you contact us about your order and/or subscription.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we make every effort to display the products accurately, we cannot guarantee that a device’s display of the products accurately reflects the color or size of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. OUR RIGHT TO MAKE MINOR CHANGES TO THE PRODUCTS

Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements which may require us to vary the materials, ingredients, volumes and nutrients in the products from time to time, or to implement technical adjustments and improvements to the products, for example to improve the aesthetic or functional design of the product or the product’s packaging.

6. PROVIDING THE PRODUCTS

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2 When we will provide the products. We will deliver products to you in accordance with your order. For the monthly and quarterly subscriptions only, we will supply the products to you on subscription until you end the contract as described in clauses 7, 8 and/or 3, or we end the contract by written notice to you as described in clause 9.

6.3 We are not responsible for delays outside our control. If our supply of the products 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, to the extent allowed by law, be liable for delays caused by the event, but if there is ever a risk of substantial delay you may contact us to end the contract and receive a full refund for any products you have already paid for in advance but not received.

6.4 If the products cannot be posted through your letterbox. If the products cannot be posted through your letterbox and no one is available at your address to take delivery, we or our delivery provider may place a note through your letterbox informing you to collect the products from them. Alternatively, we will automatically try to redeliver the products at a later date or leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We may charge you for reasonable further delivery costs where we have not been able to deliver the products because they cannot be posted through your letterbox and there is no on available at you address to take delivery.

6.5 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 products to you, for example, instructions on how to access your property for delivery if we are struggling to make delivery. We will contact you to ask for this information if we require it and it has not been provided as part of the order process. 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 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 products 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.

6.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of the products to update the product to reflect changes in relevant laws and regulatory requirements.

6.7 Your rights if we suspend the supply of products. We will contact you in writing in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency when we will contact you as soon as possible. If we have to suspend the product, we will not take payment from you for the period when the product is suspended. You may contact us to end the contract for the products if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

6.8 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 6), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid amount.

7. YOUR RIGHTS TO END THE CONTRACT

7.1 You can always end your contract with us. You are always free to end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the products, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty, misdescribed or you are not satisfied with the product you may have a legal right to end the contract (or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
(c) If you have just changed your mind about the product, see clause 3 and clause 7.4. You may be able to get a refund if you are within the goodwill guarantee period (as detailed in clause 7.4), but this may be subject to deductions. Where you have signed up to a quarterly supply of the products and are seeking a refund in the goodwill guarantee period, you will only be able to get a refund if you return at least two months’ supply of the products to us in good condition and without the seal of the products having been broken. You will also need to pay the costs of return of the products;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three months; or
(e) you have a legal right to end the contract because of something we have done wrong.

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us to our customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. The goodwill guarantee is only available to you the first time that you order products from us and is limited to one per delivery address. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 2). With our goodwill guarantee you have a 21 day period to change your mind after the day you (or someone you nominate) receives the first delivery of the products.

(a) If you have ordered and received a months’ supply of the products (one-off purchase), we do not require you to return the products.
(b) If you have ordered and received a monthly supply of the products, we do not require you to return the products.
(c) If you have ordered and received a quarterly supply of the products, you must return to us (at your own cost) at least two months’ supply of the products in good condition and without the seal of those products having been broken.

7.5 How long do I have to change my mind? You have 21 days after the day you (or someone you nominate) receives the first delivery of the products.

7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract with us. If you want to end the contract in these circumstances, just cancel your subscription on our website. The contract will end immediately, unless it is within 48 hours from us dispatching a batch of products to you, in which case the contract will end immediately following the dispatch.

8. HOW TO END THE CONTRACT WITH US (IF YOU HAVE CHANGED YOUR MIND)

8.1 Tell us you want to end the contract – applies to subscription plans only.  To end the contract with us please access your subscription account on our website and select the option to cancel your subscription, or alternatively print off the cancellation form for UK Resident Customers or for Non-UK Resident Customers and send it to us at the address on the form. If you have selected the one-off purchase plan, you do not need to cancel.

8.2 How we will refund you. If you are due a refund, we will refund you the amount you are due to the method you used for payment.

8.3 When your refund will be made. We will make any refunds due to you as soon as possible. When you are exercising your right to change your mind under our goodwill guarantee under clause 4, this will always be within 14 days of your telling us that you have changed your mind.

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, instructions on how to access your property for delivery;
(c) you do not, within a reasonable time, allow us to deliver the products to you.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3 We may withdraw the product. We may write to you to let you know that we are going to stop supplying the product. Unless if we are being required to stop providing the product for legal or regulatory reasons, we will let you know at least 21 days in advance of us ending the supply of the product. If we are stopping supplying the product, we will refund any sums you have paid in advance for products which will not be provided.

10. IF THERE IS A PROBLEM WITH THE PRODUCT

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email our customer service team on the contact details provided in clause 3.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality.

10.3 Our money-back guarantee. Our goodwill guarantee under clause 4 applies to the first batch of products that we deliver to you under your subscription. If you are not fully satisfied with later batches of products that we provide to you, you can let us know within 30 days of receipt of the products that you are unsatisfied with and we will provide you with a full refund for those products.

In addition, if you are not satisfied with the products you receive, you may also immediately end your contract with us by letting us know of your decision to do so in the way set out in clause 8. When ending the contract for this reason, you must let us know that you are exercising your right to end the contract as you are not satisfied with the products received. When exercising your rights to end the contract immediately under this clause 10.3, we will refund any advance payment you have made for products which will not be provided to you. You will not be entitled to a refund for products which were received more than 30 days before the date on which you inform us of your decision to end the contract under this clause 10.3.

11. PRICE AND PAYMENT

11.1 Your subscription will automatically renew – applies to subscription plans only. When purchasing the products, you are committing to an ongoing recurring payment. Your subscription will automatically renew at the end of the period that you chose during the order process, unless cancelled by you or us in accordance with the terms of this contract.

11.2 Where to find the price for the product. The price of the product (which includes any applicable VAT) will be the price indicated on the order pages when you placed your order. For the monthly and quarterly subscription plans, the price stated is the periodic price for your subscription to receive the product and your chosen payment method will be charged the price at the start of every new billing period, unless cancelled. By entering into the contract, you are providing us with continuous payment authority to periodically charge your chosen payment method to pay for your subscription to the product. By entering into the one-off purchase contract, you are providing us with payment authority to charge your chosen payment method in accordance with your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 4 for what happens if we discover an error in the price of the product you order.

11.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, our products may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s 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 unmistakeable and could reasonably have been recognized by you as a mispricing, we may end the contract and refund you any sums you have paid.

11.5 Our right to change the price. We reserve the right to change the price of the products for future billing periods and, in the event of a price change, we will notify you in writing at least one month before the change occurs. If you do not wish to accept the price change, you may cancel this contract in accordance with the instructions included in our notification to you or this contract. If you do not cancel the contract before a new price comes into effect, your subscription will be renewed at the new price without any additional action by you and you authorize us to charge your payment method the new amounts.

11.6 When you must pay, how you must pay and payment details. We accept payment with most major credit and debit cards (including Visa and Mastercard). You must pay for the products before we dispatch them. We will not charge your credit or debit card until we are ready to dispatch the products to you. We will keep your payment information, including your credit or debit card number, expiry date, CV2 (or equivalent) on file. Where your credit or debit card details change or are due to expire, we may obtain or receive from your payment card provider updated payment information to enable us to continue to provide the products to you. You authorize us to continue to charge you using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate the contract by giving you notice. You also agree that we may charge your payment method on file if you are a returning customer and have requested that we recommence the supply of our products to you.

11.7 Customs. When ordering products for delivery outside of the UK you may be subject to import duties and taxes, which are applied once the products reach the delivery jurisdiction. Any such import duties and taxes, as well as any other customs charges applied by customs and government authorities, must be borne by you; we do not have control over these charges. As customs charges, import duties and taxes vary widely across the world, you should contact the customs office in the country where you are receiving the products for more information. Further, when ordering from us, you are considered the importer of record and must comply with all laws and regulations in the country where you are receiving the products. Although it is outside of our control, we wish to make you aware that cross-border deliveries may be subject to opening and inspection by customs authorities in the country of export and import.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful or illegal to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample provided to you; of satisfactory quality, fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy.

14. OTHER IMPORTANT TERMS

14.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we cannot deliver the products to the person to whom you wish to transfer your rights or obligations, or we are not convinced of their ability to perform the obligations that you wish to transfer to them. However, you may transfer our guarantee at clause 4 to a person who has acquired the product.

14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our goodwill guarantee. 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.

14.4 If a court finds part of this 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.

14.5 Even if we delay in enforcing this 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 your 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. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. If you are a consumer, please note that these terms, their subject matter, and their formation, are governed by the law of England and Wales and you can bring legal proceedings in respect of them in the courts of England and Wales. If you are a consumer living in another country, as an alternative to bringing legal proceedings in the courts of England and Wales, you have the option to bring legal proceedings in your local courts (for example, if you live in Scotland you can bring legal proceedings in either the Scottish courts or the courts of England and Wales. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish courts or the courts of England and Wales).

14.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, these terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

14.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. As set out in clause 10.1, we always ask that you tell us about any complaints that you have in relation to the products or this contract before escalating your complaints externally. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution via their website at www.cedr.com. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.