Please read the following terms and conditions carefully before placing an order with WrinklyStore.com. By placing an order with WrinklyStore.com, you indicate your acceptance of such terms. If you do not agree to these terms and conditions please do not place an order with the company.

1.            Interpretation

1.1          The definitions and rules of interpretation in this condition apply in these conditions.

1.2          A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3          Words in the singular include the plural and in the plural include the singular.

1.4          A reference to one gender includes a reference to the other gender.

1.5          Condition headings do not affect the interpretation of these conditions.

1.6          Our Site is only intended for use by people resident in the Serviced Countries (those countries without an exclusive distribution agreement). We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. Please contact our Customer Services department.

1.7          By placing an order through our Site, you warrant that:

                (a) You are legally capable of entering into binding contracts; [and]

(b) You are at least 18 years old;

(c) You are resident in one of the Serviced Countries; and

(d) You are accessing our Site from that country.

2.            How the Contract is formed- Application Of Terms

2.1          After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation). The Contract will only be formed when we send you the Dispatch Confirmation.

2.2          The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

2.3          Subject to any variation under condition 2.4 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.4          No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.5          We reserve the right to revise and amend these terms and conditions from time to time. Such variation shall be made either by us publishing revised terms on our Site or by you receiving a letter signed by a director of the Company indicating so. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.6          Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

2.7          The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

2.8          Any quotation is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

2.9          If the Buyer deals as a Consumer any provision of this Contract which is of no effect shall not apply.  The statutory rights of a Consumer are not affected by this Contract.

3.            Buyer’s Rights of Cancellation

3.1          The rights contained in clause 3.2 apply if:

3.1.1      the Contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and

3.1.2      the Buyer is a natural person acting outside the purpose of his business; and

3.1.3      the Goods to be supplied under the Contract are to be supplied in standard form with no modifications.

3.2          Subject to clause 3.1 the Buyer may cancel the Contract with the Company for the Goods at any time up to the end of the seventh working day from the date it receives the Goods (“Cooling-off Period”.  When cancelling during the Cooling-off Period, the Buyer need not give the Company any reason for cancelling the Contract nor will the Buyer have to pay any administration charges. However, Buyer will be responsible for the cost of returning the Goods to the Company.

3.3          To cancel the Contract under condition 3.2, the Buyer must notify the Company in writing.

3.4          If the Buyer cancels the Contract but the Company has already processed the Goods for delivery, the Buyer must not unpack the Goods when they are received, and the Buyer shall send the Goods back to the Company at the Buyer’s risk or arrange for the Company to collect the Goods from the place they were delivered, at a reasonable time to suit the Company, at the Buyer’s cost, as soon as possible, and in any event, within 14 days of the notice of cancellation.

3.5          Once the Buyer has notified the Company that it is cancelling the Contract, any sum debited to the Company from the Buyer will be re-credited to the Buyer’s account as soon as possible and in any event within 30 days of the Buyer’s order PROVIDED THAT the Goods in question are returned by the Buyer and received by the Company in the condition they were in when delivered.  If the Buyer does not return the Goods delivered or does not pay the costs of delivery/collection, the Company shall be entitled to deduct the direct costs of recovering the Goods from the amount to be reimbursed to the Buyer.

4.            Description

4.1          The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgement of order.

4.2          All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

5.            Delivery

5.1          Unless otherwise agreed in writing by the Company, delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.

5.2          Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

5.3          Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.

5.4          If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:

5.4.1      risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);

5.4.2      the Goods shall be deemed to have been delivered; and

5.4.3      the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

5.5          The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods where appropriate.

5.6          The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

5.7          Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

5.8          All orders are despatched by 1^st class post or by next day courier service.  Orders despatched by courier will be delivered by 5.30pm the next day unless alternative arrangements for a timed delivery are made with the Company prior to despatch.

5.9          Any Goods delivered in damaged state to the Buyer must be notified immediately to the Company.

5.10        Products may be returned to the Company within 30 days of purchase providing the tamper evident seal is still intact.  We are unable to refund or exchange products from our probiotic range.  

5.11        If you order Goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

5.12        Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

6.            Non-delivery

6.1          The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

6.2          The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 48 hours of the date when the Goods would in the ordinary course of events have been received.

6.3          Any liability of the Company for non-delivery of the Goods notified in accordance with condition 6.2 above shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

7.            Risk/title

7.1          The Goods are at the risk of the Buyer from the time of delivery.

7.2          Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:

7.2.1      the Goods; and

7.2.2      all other sums which are or which become due to the Company from the Buyer on any account.

7.3          Until ownership of the Goods has passed to the Buyer, the Buyer shall:

7.3.1      hold the Goods on a fiduciary basis as the Company’s bailee;

7.3.2      store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;

7.3.3      not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

7.3.4      maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.

7.4          The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

7.4.1      any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and

7.4.2      any such sale shall be a sale of the Company’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.

7.5          The Buyer’s right to possession of the Goods shall terminate immediately if:

7.5.1      the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or

7.5.2      the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or

7.5.3      the Buyer encumbers or in any way charges any of the Goods.

7.6          The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.

7.7          The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.

7.8          Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.

7.9          On termination of the Contract, howsoever caused, the Company’s (but not the Buyer’s) rights contained in this condition 7 shall remain in effect.

8.            Price

8.1          Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery and which appears in our website except in cases of obvious error. These prices exclude delivery costs which will be added to the total amount due as set out on our Delivery Info page. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.2          The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods. 

8.3          Our Site contains a large number of Goods and  despite our best efforts, some of the Goods listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where Goods correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If Goods correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection and you agree that we are not under  any obligation to provide you Goods at the incorrect price.

9.            Payment

9.1          Subject to condition 9.4, payment of the price for the Goods will become payable on delivery and payment will be made by the Buyer in pounds sterling 30 days from the date of invoice unless alternative prior arrangements have been agreed with the Company.

9.2          Time for payment shall be of the essence.

9.3          No payment shall be deemed to have been received until the Company has received cleared funds.

9.4          All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

9.5          The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

9.6          If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

9.7          Payment for all Goods must be by credit or debit card. We accept payment with Visa, Mastercard, Delta and Switch. We will not charge your credit or debit card until we despatch your order.

10.          Quality

10.1        The Company warrants that (subject to the other provisions of these conditions) upon delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

10.2        The Company shall not be liable for a breach of the warranty in condition 10.12 unless:

10.2.1    the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 48 hours of the time when the Buyer discovers or ought to have discovered the defect; and

10.2.2    the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Company’s cost for the examination to take place there.

10.3        The Company shall not be liable for a breach of the warranty in condition 10.1 if:

10.3.1    the Buyer makes any further use of such Goods after giving such notice; or

10.3.2    the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, and use of the Goods or (if there are none) good trade practice; or

10.3.3    the Buyer alters such Goods without the written consent of the Company.

10.4        Subject to condition 10.23 and condition 10.34, if any of the Goods do not conform with the warranty in condition 10.1 the Company shall at its option replace such Goods or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods to the Company.

10.5        If the Company complies with condition 10.4 it shall have no further liability for a breach of the warranty in condition 10.2 in respect of such Goods.

11.          Limitation Of Liability

11.1        Subject to condition 5, condition 6 and condition 10, tThe following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

11.1.1    any breach of these conditions;

11.1.2    any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

11.1.3    any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

11.2        All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

11.3        Nothing in these conditions excludes or limits the liability of the Company: 

11.3.1    for death or personal injury caused by the Company’s negligence; or

11.3.2    under section 2(3), Consumer Protection Act 1987; or

11.3.3    for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or

11.3.4    for fraud or fraudulent misrepresentation.

11.4        Subject to condition 11.2 and condition 11.3:

11.4.1    the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with or out of the performance or contemplated performance of the Contract shall be limited to the Contract price; and

11.4.2    the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

12.          Assignment

12.1        The Company may assign the Contract or any part of it to any person, firm or company.

12.2        The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

13.          Force Majeure

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, impossibility to use public or private telecommunications networks, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

14.          General

14.1        Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

14.2        If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

14.3        Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

14.4        Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

14.5        The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

14.6        The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

15.          Communications

15.1        All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:

15.1.1    (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or

15.1.2    (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.

15.2        Communications shall be deemed to have been received:

15.2.1    if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

15.2.2    if delivered by hand, on the day of delivery; or

15.2.3    if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

15.3        Communications addressed to the Company shall be marked for the attention of Managing Director.