TERMS OF SALE
BACKGROUND:
These Terms of Sale set out the terms under which Goods, accessed as one-off or repeat purchases, is sold by Us to customers through this website, www.ranjotbhogal.co.uk (“Our Site”). You will be required to read and accept these Terms of Sale when ordering Goods, so please read them carefully. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase our Goods.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Goods” means affirmation cards and other related products;
“Confirmation Code” means the reference number for your Goods;
“Contract” means a contract for the purchase of Goods, as explained in Clause 8;
“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;
“Order Confirmation” means Our acceptance and confirmation of your purchase of one-off Goods;
“We/Us/Our” means Dr Ranjot Bhogal Ltd, a company registered in England under 14746236 whose registered address is Office 856, 321-323 High Road, Essex, United Kingdom, which is also the main trading address.
2. Information About Us
2.1 Our Site is owned and operated by Dr Ranjot Bhogal Ltd, a limited company registered in England under 14746236, whose registered address is Office 856, 321-323 High Road, Essex, United Kingdom, which is also our main trading address.
2.2 We are registered with the United Kingdom’s Health and Care Professions Council, (HCPC).
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to Our Website Terms & Conditions which you can find at the following link: https://www.ranjotbhogal.co.uk/terms-conditions Please ensure that you have read them carefully and that you understand them.
4. Entire Agreement
4.1 These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
5. International Customers
5.1 Please note that We only deliver within the United Kingdom.
6. Goods, Pricing and Changes
6.1 The details of the Goods and the corresponding price will be set out on the relevant page of Our Site.
6.2 We may from time to time change Our prices.
6.3 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed.
6.4 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order. If you do not respond within 48 hours We will treat your Order as cancelled and inform you of the cancellation in writing.
6.5 Prices on Our Site are shown exclusive of VAT, which is not chargeable on Our Goods .
6.6 Delivery charges will be confirmed, dependant on your address, during the checkout process on our Site.
7. Descriptions
7.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
a) Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
b) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary; and
c) Due to the nature of our Goods, there may be a slight variance in the dimensions and weight of the affirmation cards between the actual Goods and the description.
7.2 Please note that Clause 7.1 does not exclude Our responsibility for mistakes due to Our negligence.
7.3 Minor changes may be made to certain Goods from time to time, for example, to reflect changes in relevant laws. This may happen between you placing your Order and the Goods being dispatched.
Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
7.4 Occasionally, there may be more significant changes that we make to the Goods from time to time. If this occurs, We will inform you and you may end the Contract before changes are made and you will be refunded,
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the process of purchasing Goods. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
8.2 If you provide Us with incorrect or incomplete information during your Order, We may contact you to correct it. If you do not do this within a reasonable time, We may cancel your Order. We are not responsible for any delays caused by incorrect information,
8.3 Only when you place an Order for our Goods will there be a contractual offer that We may accept, which will be indicated via an Order Confirmation by email. This Order Confirmation confirms a legally binding Contract between Us and you. No part of Our Site constitutes a contractual offer capable of acceptance.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number and Confirmation Code;
8.4.2 Confirmation of the Goods ordered including full details of the main characteristics of the Goods available as part of it; and
8.4.3 Fully itemised pricing for your Goods including, where appropriate, taxes, and other additional charges.
8.5 In the event that we are unable to accept Your Order, We will provide a written explanation. Typically, no payment will be processed, but if it is, a full refund will be issued.
9. Provision of Goods
9.1 We undertake to make available to You the Goods you have purchased by sending the Goods to You using the Royal Mail 48 hour tracked service.
10. When You Own the Goods
10.1 Ownership of the Goods passes to you once We have receipted payment in full.
11. Payment
11.1 Payment for Goods must always be made in advance via our online shop. Your chosen payment method will be charged when We process your order and send you an Order Confirmation.
11.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
11.3 We accept the following methods of payment on Our Site:
a) Credit Cards;
b) Debit Cards;
c) PayPal; and
d) Apple Pay.
11.4 If you believe that We have charged you an incorrect amount, please contact Us at info@ranjotbhogal.co.uk as soon as reasonably possible to let Us know.
12. Delivery
12.1 Delivery. We aim to deliver Your Order within 2 weeks of Our Order Confirmation, unless otherwise stated.
12.2 We are not responsible for delays beyond our control. If this happens, we’ll notify You and try to minimise the delay.
12.3 If there’s a significant risk of delay, you can cancel and request a refund for undelivered items.
12.4 If you do not arrange for the Goods to be re-delivered or collected, We will contact you. We may charge for storage and additional delivery. If We can’t reach you or arrange delivery, We may cancel and issue a refund.
12.5 Late Delivery. If We don’t deliver on time, you may have the right to cancel.
12.6 If you don’t cancel, you can set a new delivery date. If We miss that, you can still cancel.
12.7 We will refund any payments for cancelled orders, including delivery fees.
12.8 If you have received cancelled goods, you must return them and We will cover the return costs.
12.9 Responsibility. You become responsible for the Goods once they are delivered to your address.
13. Faulty, Damaged or Incorrect Goods
13.1 This clause gives a summary of your legal rights as a consumer. There may be exceptions to these rights. Nothing in these Terms of Sale will affect your legal rights.
Under the Consumer Rights Act 2015, goods must be as described, fit for purpose, and of satisfactory quality. Your rights during a product's expected lifespan are as follows:
a) Within 30 Days. You can reject faulty Goods and get a full refund;;
b) After 30 Days:
- You can request a repair or replacement (if this is not possible, We may offer an alternative or a refund);
- If the Goods are still faulty after repair or replacement, you can request another repair or replacement, or keep the Goods at a reduced price. You can also reject the Goods and request a refund;
c) If you exercise the final right to reject the Goods more than six months after receiving them, we may reduce the refund to account for the use you've had from them; and
13.2 You cannot claim if:
a) We informed you of the problem before purchase;
b) You caused the problem through misuse, intentional, or careless damage;
c) You used the Goods for an unsuitable purpose that was neither obvious nor communicated to Us; or
d) The problem is due to normal wear and tear.
13.3 If there’s a problem with the Goods, please contact Us using the details below in Clause 20.
13.4 If you exercise your legal right to reject the Goods, you must return them to Us.
13.5 To return Goods, you can post them back to us. We will cover the postage costs in certain circumstances. Please contact Us using the details below in Clause 19 to get a return label.
14. Returning Goods
14.1 If you would like to exercise your right to return, you must return the Goods to Us.
14.2 If you are exercising your right to change your mind under the cooling-off period, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
14.3 We will cover the costs of returning the Goods to Us in the following circumstances:
a) The Goods are faulty or not as described;
b) We have made an error in the price or description;
c) There is a risk that the delivery of the Goods will be substantially delayed due to events outside of our control (A Force Majeure Event); and
d) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including failing to deliver the Goods on time).
14.4 In all other circumstances, including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.
15. Refunds
15.1 Refunds, when the eligible criteria is met, will be issued as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and or/ 14 calendar days of the day on which the event triggering the refund occurs.
15.2 Refunds under this Clause 15 will be made using the same payment method that you used when purchasing the Goods.
16. Licence
16.1 When you purchase the Goods, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Goods for your own personal purposes. The licence granted to you does not give you any rights in Our Goods .
16.2 The Goods are for personal, non-commercial use only. Redistribution, sale, or any form of commercial exploitation of the Goods is strictly prohibited without prior written consent from us.
16.3 You are not permitted to modify, reproduce or create derivative works of the Goods in any manner whatsoever beyond the original intended us. Unauthorised copying or reproduction of the Goods is strictly prohibited.
16.4 You must retain all copyright notices, trademarks and other proprietary notices contained on the Goods or its packaging. Removal or alteration of these notices is not permitted.
16.5 The terms of this clause 16 shall survive the termination of the Contract.
17. Ending the Contract Because of Something We Have Done (or Will Do)
17.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Goods (, or to these Terms of Sale that you do not agree to. If the change happens before you receive your Order, We will refund you..
17.2 You can cancel immediately if there’s a significant delay due to events outside of Our Control and a refund will be issued
17.3 Cancellation by email or post is effective from the date on which You send Us the correspondence. To cancel, please contact Us on the following details:
Email: info@ranjotbhogal.co.uk; or
Post: Office 856, 321-323 High Road, Essex, RM6 6AX, United Kingdom.
In each case, providing Us with your name, address, email address, telephone number, and Confirmation Code.
18. Our Liability
18.1 Subject to sub-Clause 18.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
18.2 Subject to sub-Clause 18.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you under the contract in question.
18.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
18.4 Disclaimer: All of our Goods are designed to provide positive reinforcement and support for personal development. They are not intended to replace professional psychological, psychiatric, or medical advice, diagnosis, or treatment. Individuals should seek the advice of their healthcare provider regarding any mental health concerns or conditions. Our Goods should be used as a supplementary tool to enhance well-being. If you experience any distress or negative emotions while using any of our Goods, you should discontinue use and consult with a mental health professional. The effectiveness of our Goods can vary from person to person. We do not guarantee specific outcomes or results. We disclaim any and all liability to you for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Goods, which is provided as is and without warranties.
19. Events Outside of Our Control (Force Majeure)
19.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
19.2 If any event described under this Clause 19 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
19.2.1 We will inform you as soon as is reasonably possible;
19.2.2 We will take all reasonable steps to minimise the delay;
19.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
19.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
19.2.5 If the event outside of Our control continues for more than one month We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Goods;
19.2.6 If an event outside of Our control occurs and continues for more than one month and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the following details:
Email: info@ranjotbhogal.co.uk; or
Post: Office 856, 321-323 High Road, Essex, United Kingdom.
In each case, providing Us with your name, address, email address, telephone number, and Confirmation Code.
20. Communication and Contact Details
20.1 If you wish to contact Us with general questions or complaints, or for matters relating to the Goods, you may contact Us by email at info@ranjotbhogal.co.uk, or by post at Office 856, 321-323 High Road, Essex, RM6 6AXUnited Kingdom.
21 How We Use Your Personal Information (Data Protection)
21.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your data privacy rights.
21.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookie Policy via the following link: https://www.ranjotbhogal.co.uk/privacy-policy.
22. Other Important Terms
22.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
22.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
22.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
22.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
22.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
22.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
23. Law and Jurisdiction
23.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
23.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.