Terms & Conditions of Supply
These Terms were most recently updated on the 23rd June 2023.
This page (along with our Privacy Policy and Terms of Website Use) tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the Manuka Pharm products ("Products") listed on our website at www.manukapharm.co.uk ("Site") to you.
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms by ticking the "Tick to agree with terms and conditions and privacy policy." box. Please tick the box if you accept the Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site. You should print a copy of these Terms or save them to your computer for future reference.
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.
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.
2.4 All reviews of the Products submitted onto the Site by customers are solely the unbiased, independent opinions expressed by our customers following purchase and use of the Products.
Please note that any customer reviews purporting to claim health benefits experienced by use of the Products are the customers sole opinion and are not substantiated by any independent scientific evidence or clinical trials conducted by Manuka Pharm.
Manuka Pharm engage the services of a third party organisation to collate customer reviews on our behalf and will not display customer reviews that make wholly inaccurate or unfounded claims.
For further details on how we use your personal data when you submit a customer review, please see our Privacy Policy.
2.5 Customers may upload photos to Manuka Pharm through our Website. Customers are required to agree to our Photograph Use Consent Terms and review our Privacy Policy before uploading their photo.
Following receipt of Manuka Pharm’s signed Photograph Consent Terms; Manuka Pharm may use customer photographs for marketing and promotional purposes.
For further details on how we use your personal data when you submit a customer review and/or when you submit a photograph/s, please see our Privacy Policy.
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
We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
The Privacy Policy sets out:
- 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. You are responsible for providing an accurate and complete shipping and/or delivery address to which any Product is to be delivered and we will not be liable for any loss or damage sustained by you as a result of an error in inputting the relevant shipping and/or delivery address including but not limited to:
(a) non-delivery of goods to you (as a result of any Product being delivered to a shipping address to which you have no access); and
(b) the cost of obtaining or retrieving any Product that has been delivered to an address that has been input incorrectly.
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 3-5 working 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 If your parcel is returned back to our warehouse because delivery could not be completed we will contact you to offer two options for your order:
(i) We will re-arrange delivery of your order but you will be required to pay a £3.50 resend fee before the parcel is resent.
(ii) We will offer a refund of your order less the £6.50 shipping fee.
When placing an order on our website we do recommend using the DPD app as this allows you to track and manage your deliveries. Including adding safe places and sending to pick-up locations.
8.5 If you refuse delivery of an order and it is returned to our warehouse then we shall refund your order less the £6.50 shipping fee.
8.6 A Product will be your responsibility from the time we deliver the Product to the address you provide to us. For the avoidance of doubt, delivery is effective when it is delivered to a shipping and/or delivery address that you have provided and includes (but is not limited to) delivery to:
(a) a neighbour’s property;
(b) a designated pick-up point;
(c) a DPD pick-up location; and
(d) a common mailroom (such as in a block of flats, student accommodation or other shared accommodation).
8.7 We are not responsible for any alternative arrangements you make with any third party courier (as listed in clause 12.2). We will deliver Products to the stipulated shipping and/or delivery address but we are not liable for any loss or damage sustained by you arising out of changes that are made by you directly with the courier.
8.8 If you have received your order but not received all of the products ordered you must notify us within 14 calendar days of the date on which the order was delivered (delivery date as provided by our courier partners). Once we have received notification from you we will commence an investigation. IF YOU ADVISE US THAT YOU HAVE NOT RECEIVED CERTAIN PRODUCTS FROM YOUR ORDER WE MAY REQUEST THAT YOU SIGN A DECLARATION CONFIRMING YOU HAVE NOT RECEIVED THESE PRODUCTS. Notifications received after this 14 calendar day period has elapsed cannot be investigated and we are not liable for any cost incurred by you as a result of your failure to notify us within this 14 calendar day period.
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 the Product that you have purchased is faulty in content or mis-described upon delivery you may have a legal right to end the Contract within thirty 30 days of the date on which you entered into the Contract with us.
9.3 You will only have the right to a refund or replacement after 14 days from receipt of goods if the content of the Product or vessel the Product comes in itself is faulty or damaged, for the avoidance of doubt we are not liable for any damage to the packaging of the Product.
9.4 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 customerservices@manukapharm.co.uk
9.5 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.citizensadvice.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 of the amount originally paid.
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 completing a model form of cancellation or 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. Please use the model form of cancellation which is included on our website and which you an access using the following link. If you use this method 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 customerservices@manukapharm.co.uk 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 subject always to the provisions of clauses 10.4 and our Returns policy contained within our Delivery policy here. 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.
Where you are returning a Product under this clause 11.3 and exercising your right to change your mind you will be liable for bearing the cost of that return including any postage costs. We are under no obligation to refund you for any costs incurred as a result of returning the Product to us.
(b) 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 Once we have confirmed your order we will send that order to be shipped and we are unable to prevent the order from being dispatched. If you wish to cancel your order once it has been confirmed but before you have received it, you are able to do so, but you must return the order to us once it has been received in order to receive a refund in accordance with clause 11.5 below. You will be liable to pay the cost of any return made in the circumstances set out in this clause 11.4 in accordance with clause 11.6
11.5 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.
11.6 All returns sent to us under clause 11.5 must be sent with tracking information. We are not liable for any loss or damage sustained by you arising out of returned Product(s) that are not received by us that have been sent without tracking information and we are under no obligation to provide a refund for any return that we do not receive that has been sent without tracking information.
11.7 We will only pay your reasonable costs of return if the Products, following inspection are deemed to be faulty or mis-described [subject always to the provisions of clause 11.10].
11.8 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.9 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.
11.10 If an item is returned to us in accordance with clause 11.9 as set out above that item will be independently tested we reserve the absolute right to refuse any refund for any costs incurred by you including:
(a) the cost of the Products;
(b) the cost of delivery; and
(c) the cost of any return.
11.11 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.
11.12 We refund you via the payment method used to pay for your order.
11.13 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.
11.14 If you return a Product or Products to us outside of the 14 calendar day cancellation period and without our express written consent that we will accept any such return we will consider this to be an unauthorised return. We reserve the absolute right to refuse a refund for any unauthorised return and we are under no obligation to provide a refund or return the products to you. You will be able to retrieve the Products from our premises but if you do not exercise this right we are not obliged to ensure that the Product or Products are sent back to you.
12. Delivery
12.1 Delivery of orders is conducted via third party couriers.
Currently our courier services are provided by:
UK deliveries - DPD
UK deliveries - Royal Mail (Limited to highlighted promotions. Not generally available).
International deliveries - DPD, TNT and UPS
12.2 For further information on the sharing of personal information during the delivery process please see our Privacy Policy.
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 subject to the provisions of clause 8.4.
12.10 If you do not receive your order within the stipulated timeframe you must notify us within 14 calendar days of the date on which the order was made. Once we have received notification from you we will commence an investigation with the relevant third party courier. Notifications received after this 14 calendar day period has elapsed cannot be investigated and we are not liable for any cost incurred by you as a result of your failure to notify us within this 14 calendar day period.
12.11 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).
12.12 If no one is available at your address to take delivery, then our courier will attempt to complete your delivery at a neighbouring address.
If your parcel is being sent by Hermes then the courier will notify you to rearrange delivery if they were unsuccessful.
In any event, if your parcel is being returned to the Manuka Pharm warehouse, please contact Manuka Pharm to rearrange delivery.
12.13 The Products will be your responsibility from the completion of delivery.
12.14 You own the Products only once we have received payment in full, including all applicable delivery charges.
12.15 This clause 12.15 only applies if you are a consumer.
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.
12.16 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.
12.17 If you do choose to cancel your order for late delivery under clause 12.15, 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).
12.18 If you choose to have your order delivered to a Freight Forwarding company then our responsibility ends once the order has been received at the Freight Forwarding address. We are not liable for parcels that have not been received or damaged or any loss or damage incurred by you that have arisen as a result of circumstances that occurred following delivery to the shipping address designated on your order.
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.
13.6 For further information on the sharing of personal information during the delivery process please see our Privacy Policy.
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. Delivery costs are based on the Grand Total of your order. If you apply a discount or loyalty reward during the checkout process then your Grand Total may change and the delivery cost will be recalculated. This may result in your Grand Total failing to meet an applicable threshold for a promotion (such as for free delivery).
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.
Discount Codes and Loyalty Points
14.6 We will from time to time provide discount codes and we operate a Loyalty Points scheme.
A discount code cannot be used at the same time as a Loyalty Points discount.
Multiple discount codes cannot be applied to the same order.
Discount codes and Loyalty Points cannot be applied to your order retrospectively.
If you are unable to use a discount code or Loyalty Points please contact our customer service team before completing your order as we are unable to assist once you have placed the order. During the order process you will be given the opportunity to review your order before submission. If, during this review, you note that a discount code or Loyalty Points discount has not been applied, please do not submit the order.
14.7 Delivery costs are based on the Grand Total of your order in accordance with clause 14.4. If you apply a discount code or Loyalty Points discount during the checkout process your Grand Total may change and the delivery cost will be recalculated based on the new Grand Total. This may mean that your order does not meet the threshold for a certain promotion, such as free shipping. If the discount code or Loyalty Points discount reduces the Grand Total below this threshold your order will not be eligible for the promotion.
14.8 You are responsible for deciding whether or not the use of a discount code or Loyalty Points discount provides the best value.
14.9 We reserve the right to withdraw discount codes and the Loyalty Points Programme without any advance notification. We are under no obligation to honour any discount codes or Loyalty Points.
14.10 Loyalty Points can only be redeemed in Pounds Sterling (£), rounded to the nearest one pound (£1). A maximum of one hundred pounds (£100) Loyalty Points discount can be used per order. Loyalty Points cannot be used towards the cost of shipping.
14.11 In order to use our Loyalty Points Programme a valid email address must be used. An activated account on the Website is required to redeem Loyalty Points.
14.12 The Loyalty Points Programme is provided as an online service available for transactions placed directly through the Website. The service is not available for orders placed over the phone or via cheque.
14.13 Loyalty Points earned have no cash equivalent outside of the scheme. It cannot be exchanged for cash, transferred, exchanged, gifted or used elsewhere in any other scheme.
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.
For further information on the collection and use of personal information during the payment process please see our Privacy Policy.
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. We are not liable for any Product that you have purchased from a third party re seller outside of the United Kingdom or transshipped via a UK address and we are not liable for any loss or damage sustained by you as a result of purchasing from a third party re seller outside of the United Kingdom or transshipment.
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, pandemic, 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, supplier shortages, closure or lockdown, government or local authority edict.
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 60 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 customerservices@manukapharm.co.uk 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)1455 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 customerservices@manukapharm.co.uk
Our telephone number is 01455 895959
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.
For further information on the collection of personal information during the communication please see our Privacy Policy.
We will not add your details to our marketing lists unless you have expressed consent to this.
19. Data Protection
For further information on the collection, use and retention of personal information when visiting and using please see our Privacy Policy.
19.1 Processing of personal data will only be undertaken under the measures shown in our Privacy Policy.
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.
