Terms & Conditions of Supply
These Terms were most recently updated on the 31st July 2019.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.manukapharm.co.uk. We are Honey New Zealand Europe Ltd, a company registered in England and Wales under company number 6749622 and with our registered office at Unit 21 Waterfield Way, Sketchley Lane Industrial Estate, Hinckley, Leicestershire LE10 3ER. Our main trading address is Unit 21 Waterfield Way, Sketchley Lane Industrial Estate, Hinckley, Leicestershire LE10 3ER. Our VAT number is 942546317.
We operate this Website in partnership with Avenue 51 Ltd. Address: Anchor Wharf, Watts Grove, London E3 3RE. Telephone: 020 75 38 41 45. Company number: 09250295
Avenue 51 Ltd are responsible for the collection and processing of the order payments and delivery of your item. Avenue 51 Ltd assist in customer service queries.
1.2 For details about how to contact us (whether you are a consumer or a business customer) please refer to clause 18 of these Terms.
2. Our Products
2.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our Site.
2.3 All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our site
Your use of our Site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
- What personal information we collect
- How we collect the personal information
- How we use the personal information
- How we share the personal information
5. If you are a consumer
5.1 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old. If you are under 18 you may only use our Site with the involvement of a parent or guardian.
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 these legal rights.
6. How the contract is formed between you and us
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
6.4 We will confirm our acceptance to you by sending you an e-mail ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount (including any delivery costs) as soon as possible.
7. Our right to vary these terms
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
7.2 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements
7.3 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. For the avoidance of doubt we may change the Terms at any time provided that any changes we make do not apply to any order that you have already placed and we have already confirmed by sending you a Dispatch Confirmation.
7.4 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and by including the relevant date of amendment at the top of this page.
7.5 We may change the Product from time to time to reflect changes in relevant laws and regulatory requirements.
8. Providing the Product
8.1 The cost of the various delivery options and costs for the Products is set out in the 'delivery' tab when a Product is selected and on our delivery page. Please note that a signature is required on all of our delivery options.
8.2 We will endeavour to deliver the Products within the delivery option selected and in any event within 30 days after the date of the Dispatch Confirmation email you will be sent.
8.3 In the event that our couriers are unable to deliver the Products to you, we will leave you a note on how to rearrange delivery. If you do not re-arrange delivery we will contact you for further instructions and you may incur further delivery costs.
8.4 A Product will be your responsibility from the time we deliver the Product to the address you provide to us.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 Your rights to end the Contract will depend on whether there is something wrong with the Product and when you decide to end the Contract.
9.2 If what you have bought is faulty or mis-described you may have a legal right to end the Contract
9.3 If there is a problem with the Product or if you have any questions or complaints about the Products, please contact us. You can email us on firstname.lastname@example.org
9.4 We are under a legal duty to supply Products that are in conformity with this Contract. See below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
10. Summary of your legal rights
10.1 This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
10.2 The Consumer Rights Act 2015 says Products must be as described, fit for purpose and of satisfactory quality. If the Products you buy are faulty then you may be entitled to a refund if you notify us up to 30 days following the date after the Products have been delivered to you. Following which, and for a period of six months after delivery, you may be entitled to the Products being replaced.
10.3 If you are a consumer, you have a legal right to cancel a Contract within 14 calendar days after delivery of the Products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you change your mind or for any other reason you decide you do not want to keep a Product. You can notify us of your decision to cancel the Contract and are entitled to receive a full refund.
10.4 You will lose the right to cancel the Contract if the Product is unsealed/opened/used/not in its original packaging after delivery which renders it not suitable for return due to hygiene and safety reasons.
11. HOW TO CANCEL THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 To cancel a Contract you just need to let us know that you have decided to cancel. Do not send back any Products without first notifying us through an email of your intention to cancel the Contract. Without any confirmation to cancel the Contract, this may delay any refund you may be entitled to. We will email you to confirm that we have received your cancellation.
11.2 You can also inform us in writing by sending an e-mail to email@example.com or by sending a letter to Unit 21 Waterfield Way, Sketchley Lane Industrial Estate, Hinckley, Leicestershire LE10 3ER or by contacting our Customer Services Team on +44(0)1455 891881. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
11.3 If you cancel your Contract because you have changed your mind within the 14 calendar day cancellation period following delivery of the Products to you we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them beyond what is necessary to establish their nature, characteristics and functioning. We may deduct the lost value (which may be as much as the Contract price) from the sums we are obliged to reimburse to you.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;
(ii) if we have despatched the Product to you but you have not received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;
(iii) if we have not despatched the Product, to you, 14 days after you inform us of your decision to cancel the Contract.
11.4 If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must return the Products by post to Manuka Pharm, Unit 21 Waterfield Way, Sketchley Lane Industrial Estate, Hinckley, Leicestershire LE10 3ER. If you are exercising your right to change your mind you must send off the goods as soon as is possible but in any event no later than within 14 calendar days of telling us you wish to end the contract.
11.5 We will only pay your reasonable costs of return if the Products, following inspection are deemed to be faulty or mis-described.
11.6 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.7 If you have returned the Products to us under this clause 11 because they are faulty or mis-described within 30 calendar days of delivery of the Products, 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. However prior to any refund being made we reserve the right to deduct money from the Contract price where there is damage or wear and tear where the Product been used.
11.8 We strongly recommend if you do suffer from any allergens that you contact us prior to the purchase of our Products for more information as to its use and suitability. Our Site and Product labelling also provides clear warnings to ensure that a patch test is conducted prior to the use and/or consumption of our Products. In accordance with clause 10.4 of these Terms, due to hygiene reasons we cannot offer refunds for Products which have been opened/used. This includes in the event that you claim to have suffered an allergic reaction to the Product.
11.9 We refund you via the payment method used to pay for your order.
11.10 If the Products have been delivered to you:
(a) you must return the Products to us as soon as is reasonably practicable and in any event within 14 calendar days;
(b) unless the Products are faulty or not as described (in this case, see clause 11.7), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
12.1 Delivery of orders is conducted via third party couriers.
Currently our courier services are provided by:
UK deliveries - Yodel
In order to complete the delivery of your order we will provide the third party courier service with:
(i) Individual's name and address
(ii) Individual's email address
(iii) Individual's phone number
(iv) Individual's order details
12.3 Third party couriers are only provided with personal information that is required for delivery and they only retain the personal information for as long as necessary.
12.4 It is your responsibility to enter and check your billing and shipping address when shopping on our Site and to ensure that all personal information provided is up to date and accurate.
12.5 During the order process you will be provided with the opportunity to review the billing and shipping address.
12.6 You can also view saved addresses in the ‘My Account’ section if you have an account.
12.7 We will not accept responsibility for orders delivered and received by addresses that have been entered in error on the Site.
12.8 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
12.9 Delivery will be completed when we deliver the Products to the address you provide to us.
IF YOU ADVISE US THAT YOU HAVE NOT RECEIVED YOUR PRODUCT(S) EVEN THOUGH IT HAS BEEN CONFIRMED BY OUR COURIERS THAT THEY WERE DELIVERED TO THE ADDRESS PROVIDED AND SIGNED FOR, WE MAY AT OUR DISCRETION, CLASS THE PRODUCTS AS BEING SUSPECTED OF BEING STOLEN AND REQUEST THAT YOU SIGN A DECLARATION CONFIRMING YOU HAVE NOT RECEIVED THE PRODUCT(S).
12.10 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
12.11 The Products will be your responsibility from the completion of delivery.
12.12 You own the Products only once we have received payment in full, including all applicable delivery charges.
12.13 This clause 12.13 only applies if you are a consumer.
12.14 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
12.15 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
12.16 If you do choose to cancel your order for late delivery under clause 12.13, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will reimburse the reasonable costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and the delivery costs as set out at clause 11.3(b).
13. International delivery
13.1 We deliver to the countries listed on this page. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
13.2 If you order Products from our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
13.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
13.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
13.5 International deliveries placed on this Site are fulfilled from the UK. In order to complete your delivery some personal information must be shared with our courier service providers who are based in the UK.
14. Price of products and delivery charges
14.1 The prices of the Products will be as quoted on our site from time to time. 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. However if we discover an error in the price of Product(s) you ordered, please see clause 14.5 for what happens in this event.
14.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site. To check relevant delivery charges, please refer to our Delivery page.
14.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. 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 (lower) price.
15. How to pay
15.1 You can only pay for Products using the following payment methods:
debit card or credit card
15.2 Payment for the Products and all applicable delivery charges is in advance.
16. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not exclude or limit in any way our liability to you where it would be unlawful 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 or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987.
17. Events outside our control
17.1 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 below in clause 17.2.
17.2 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.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18. Communications between us
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you should do so in accordance with the provisions set out in clause 11.1.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail at firstname.lastname@example.org or by pre-paid post to Manuka Pharm at Unit 21 Waterfield Way, Sketchley Lane Industrial Estate, Hinckley, Leicestershire LE10 3ER You can always contact our Customer Services Team on +44(0)1544 891881.
(c) We recommend that our Website contact form, email address or telephone number is used to contact us rather than sending messages via social media profiles.
Our contact us page can be found here.
Our email address is email@example.com
Our telephone number is 01455 891881
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
We will not add your details to our marketing lists unless you have expressed consent to this.
19. Data Protection
19.2 We implement and maintain appropriate technical and organisational measures to protect your personal data. For more information please contact us.
19.3 We will comply with an individual's rights regarding your personal data.
19.4 We will maintain a written record of all processing activities under your responsibility and will be maintained.
19.5 All employees and sub-contractors are authorised to process personal information and are subject to confidentiality provisions in respect to the disclosure of personal data.
19.6 We will notify you if we are made aware of any material personal data breach.
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will notify you in writing or by posting on this webpage if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.