for your Health & Wellbeing .
ADEKplus is a food supplement developed for people with pancreatic exocrine
insufficiency such as commonly found with Cystic Fibrosis
BGP Products Ltd ("we" "us" "our") provide the website www.adekplus.co.uk and products, content and other materials made available on the website ("the Website").
Mylan is a registered trade mark of Mylan Inc. ADEK plus is a trade mark of BGP Products Ltd in the UK.
These Terms of Sale (together with the documents referred to in them) set out the terms on which we sell any of the products listed on the Website ("Products"). These Terms of Sale will apply to any contract between us for the sale of Products to you.
PLEASE READ THESE TERMS OF SALE CAREFULLY, AND MAKE SURE YOU UNDERSTAND THEM, BEFORE ORDERING ANY PRODUCTS FROM THIS WEBSITE. PLEASE NOTE THAT BEFORE PLACING AN ORDER YOU WILL BE ASKED TO AGREE TO THESE TERMS OF SALE. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, YOU WILL NOT BE ABLE TO ORDER ANY PRODUCTS FROM THE WEBSITE.You should print a copy of these Terms of Sale or save them to your computer for future reference.
1. Other applicable terms
2. Information about us
- Who we are. We are a company, BGP Products Ltd, registered in England and Wales under company number 09189103 with registered office Building Q1 Quantum House, 60 Norden Road, Maidenhead SL6 4AY. Our VAT number is GB199908924.
- How to contact us. If you have any questions or problems you can contact us by telephoning our customer service team at 0800 2494166 or by writing to us at email@example.com, Building Q1 Quantum House, 60 Norden Road, Maidenhead, Berkshire, SL6 4AY.
- 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.
- "Writing" includes emails. When we use the words "writing" or "written" in these Terms of Sale, this includes emails.
3. Orders from the Website
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline.
- We only sell to the UK. Our Website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. Our Products
- Products may vary slightly from their pictures. The images of the Products on the Website are for illustrative purposes only. Your Product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
5. Your rights to make changes
- If you wish to make a change to the Product you have ordered please contact us in accordance with clause 2.2. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
- Minor changes to the Products. We may change the Product:
- to reflect changes in relevant laws and regulatory requirements;
- to implement minor technical adjustments and improvements, for example to address a security threat; and
7. Providing the Products
- Delivery costs. The costs of delivery will be as displayed to you on the Website.
- Delivery of the Products. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Delivery will be made by our delivery partner.
- 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 minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
- If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
- If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10.2 will apply.
- Your legal rights if we deliver late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6 you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them). After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must post them back to the address set out at clause 2.2. We will pay the costs of postage. Please contact customer services on the telephone number and/or email address set out at clause 2.2 for a label.
- When you become responsible for the Product. The Product will be your responsibility from the time we deliver the Product to the address you gave us.
- When you own goods. You own a Product once we have received payment in full.
8. Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the Product, see clause 8.3.
- 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 8.2.1 to 8.2.4 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:
- we have told you about an upcoming change to the Product or these Terms of Sale which you do not agree to;
- 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;
- there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.8)
- Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days after the day you receive the Products and receive a refund.
- When you don't have the right to change your mind. Notwithstanding clause 8.5 you do not have a right to change your mind in respect of Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- Returning Products after ending the contract. If you end the contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us by post to the address set out at clause 2.2 Please contact customer services on the telephone number and/or email address set out at clause 2.2 for a return label. If you are exercising your right to change your mind under clause 8.3 you must send off the goods within 14 days of telling us you wish to end the contract.
9. How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by contacting customer services through any of the methods set out in clause 2.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- When we will pay the costs of return. We will pay the costs of return:
- if the Products are faulty or mis-described;
- if you are ending the contract because we have told you of an upcoming change to the Product or these Terms of Sale, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are exercising your right to change your mind.
- How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 10.2
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- your refund will be made within 14 days from 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. For information about how to return a Product to us, see clause 8.5.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind in accordance with these Terms of Sale.
In all other circumstances you must pay the costs of return.
10. Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 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.
11. If there is a problem with the Product
- Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with the contract. Nothing in these Terms of Sale will affect your legal rights.
- Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must post them back to us by post to the address set out at clause 2.2 Please contact customer services on the telephone number and/or email address set out at clause 2.2 for a return label.
12. Price and payment
- Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order. We take all reasonable care to ensure that the price of Product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Product you order.
- 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.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If this is the case we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. All online payments will be processed by our third party secure payment provider (Sagepay secure online payment service providers).
13. Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us (subject to our total liability to you (set out in clause 13.3)). If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, 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.
- 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.
- Our total liability to you. Our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with these Terms of Sales (including all non-contractual liability) shall not exceed £1,000.
14. Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Sale to another organisation.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree to this in writing.
- Changes to these Terms of Sale. We may revise all or any part of these Terms of Sale at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms of Sale 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.
- 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 of Sale, 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.
- Which laws apply to this contract and where you may bring legal proceedings. These Terms of Sale are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.