Terms of subscription
Your subscription contract will be fulfilled by Phytobrands Ltd, a company registered in England and Wales under registered number 53626 whose registered office is at 242 Acklam Road, Portobello, London,W10 5JJ, together with its agents and sub-contractors.
WHEN THE SUBSCRIPTION CONTRACT IS FORMED
When you click “Submit Order” to submit your order on-line, or you fax, post or telephone us with details of your order, you are making an offer to take out a subscription which if accepted by us, will result in a binding contract.
If placing your order on-line when you click “Submit Order” you will either see a page or receive an email if you have supplied your email address acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point. A legally binding contract is formed on the date we send you confirmation of your order with your subscription account number and payment has been taken.
You will receive this confirmation by email within 72 hours if you supplied an email address. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect postal address or email address.
We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.
RIGHT TO REFUSE ORDERS
We reserve the right not to fulfil and to cancel orders:
- In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
- If we are unable to obtain payment authorisation from the issuer of your payment card.
We will deliver the products to the address you notify to us when you place your order. Please allow up to one week for delivery. You agree that we will not be responsible for failure to deliver the products if you have supplied us with an incorrect address or are not available to accept the products. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.
DELAY IN DELIVERY AND NON-DELIVERY
We will not be liable to you for any delay in delivery or non-delivery of products in the following circumstances:
- where the issuer of your payment card refuses to authorise payment to us;
- where such delay or failure is due to circumstances beyond our control or the control of our subcontractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
CANCELLATIONS AND REFUNDS
- Where a minimum term of 3 months is advertised cancellations are not permitted until the end of this initial period and we will not issue you a refund.
- For all other subscriptions or after the minimum term of your subscription, you may cancel your subscription contract at any time by notifying our Customer Care Team. See contact details below.
Prices displayed on the subscriptions section of the website will prevail at all times in relation to orders placed on-line. Prices quoted on screen include delivery charges and taxes (where applicable) and state the payment method. If you make ongoing Direct Debit payments or continuous credit card payments we reserve the right to increase our prices at any time after the first year of your subscription has elapsed and will notify you in writing with 10 days notice of any such price increase. Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.
CREDIT CARD PAYMENT
If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Our liability to you in the event of products being lost in despatch shall be at our discretion, be limited either to replacement of the missing issues or refund of the cost of the missing issues.
To the extent permitted by law we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
USE OF PERSONAL INFORMATION
We use the personal and transactional information (e.g. name, address, email address, credit card details) (“Personal Information”) you supply to us in order to fulfil your subscription order.
On the online order form we will ask you about receiving details of our products and services and/or those of third parties which may be of interest to you. You should tick the relevant boxes to indicate whether or not you wish to receive such information.
UNAUTHORISED ACCES TO PERSONAL INFORMATION
Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use
COVERMOUNTS AND PRIZE DRAWS
If any of our products are put on sale in the UK which contain a covermount gift or supplement you are not entitled as a subscriber to receive these covermounts or supplements. Occasionally some subscriber products may be sent with covermounts and supplements included, however this is the exception rather than the rule. If you wish to guarantee your receipt of any covermount you should purchase an additional unit of product from your our online or offline stores.
Products delivered outside of UK addresses shall not contain covermount gifts or supplements.
Prize Draw and Competition Rules All prize draws and competitions which are associated with our product subscription offers are subject to separate terms and conditions. For the avoidance of doubt, such prize draws and competitions are only open to you if you are able to supply us with a billing address in the UK.
These terms and conditions are subject to change.
PRIZE DRAW AND COMPETITION RULES
All prize draws and competitions which are associated with our magazine subscription offers are subject to separate terms and conditions. For the avoidance of doubt, such prize draws and competitions are only open to you if you are able to supply us with a billing address in the UK.
If the product ordered changes frequency per annum, we will honour the number of issues paid for, not the term of the subscription.
We may, at any time, switch the product you receive for a similar product of the same CBD strength or higher with no notice to the subscriping party. This may be due to the originally purchased product being out of stock, no longer made or a change in supplier agreements, amongst other reasons.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.
These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us.
If you have any queries or comments about your subscription please contact our Customer Care Team:
Subscription terms and conditions