Disclaimer, Terms & Conditions
These Terms and Conditions govern your use of the website www.vegetology.com and your relationship with the manufacturers and marketers of Opti3, ESB Developments Ltd (a company registered in England and Wales, whose registered office is at Creation House, 50-72 Gauntley Street, Nottingham, NG7 5HB, United Kingdom). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms and Conditions, please do not continue to use or purchase from www.vegetology.com.
1. Use of www.vegetology.com site www.vegetology.com is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the www.vegetology.com you agree to be bound by these Terms and Conditions. All orders and purchases made on www.vegetology.com will also be governed by the specific Product Terms. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Amendments We may update these Terms and Conditions from time to time and as such you will be subject to the policies and terms and conditions in force at the time of your order.
3. Refunds on promotional offers Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
4. Excluded Services The services provided by www.vegetology.com do not include the provision of computer or other necessary equipment to access www.vegetology.com. To use www.vegetology.com you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
5. Intellectual property The content of www.vegetology.com is protected by copyright, trade marks, and other intellectual property rights. You may retrieve and display the content of www.vegetology.com on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.vegetology.com without written permission from ESB Developments Ltd.
No licence is granted to you in these Terms and Conditions to use any trade mark of ESB Developments Ltd or its affiliated companies.
6. Limitations You may not use www.vegetology.com for any of the following purposes:
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
7. Availability of www.vegetology.comAlthough ESB Developments Ltd aims to offer you the best service possible, the company makes no promise that the services at www.vegetology.com will meet your requirements. The company cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to our Technical Service Team by emailing [email protected] and we will attempt to correct the fault as soon as we reasonably can. Your access to www.vegetology.com may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. ESB Developments Ltd will attempt to restore the service as soon as it reasonably can.
8. ESB Developments Ltd liability www.vegetology.com is provided by ESB Developments Ltd without anywarranties or guarantees. You must bear the risks associated with the use of the internet. www.vegetology.com provides content from other Internet sites or resources and while ESB Developments Ltd tries to ensure that material included on www.vegetology.com is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. ESB Developments Ltd will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with www.vegetology.com. If ESB Developments Ltd is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to www.vegetology.com. Nothing in this paragraph applies to ESB Developments Ltd’s liability in respect of products sold through any Online Stores. Nothing in these Terms and Conditions shall exclude ESB Developments Ltd’s liability for personal injury or death caused by its negligence. Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
9. Third Party Websites As a convenience to customers, www.vegetology.com may include links to other web sites or material which is beyond its control and its responsibility. All such links should be used at your own discretion and only in conjunction with the terms and conditions relevant to the link site.
10. Advertising & Sponsorship Part of www.vegetology.com may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on www.vegetology.com complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
11. Applicable Law These Terms and Conditions shall be governed by and are to be construed in accordance with United Kingdom laws. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms and conditions.
12. International Use ESB Developments Ltd makes no promise that materials on www.vegetology.com are appropriate or available for use in locations outside the European Union, and accessing www.vegetology.com from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the European Union, you do so on your own initiative and are responsible for compliance with local laws.
13. Expiry Date on Payment Card Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of purchase. In the event that the payment card has expired we will be unable to take payment and fulfil your order.
14. Delivery Delivery is normally within 10 days of placing your order. Due to popular demand for our products overseas we are delivering worldwide. Please check our online shop for the latest delivery pricing, which is subject to change without notice. When ordering from www.vegetology.com, you are the importer of the goods and must comply with all laws and regulations of the country into which the products are delivered. Products sold on www.vegetology.com should not be subject to customs duty into customs territories of the European Union. However, products may be subject to import duties and taxes, which are levied once the package reaches the country of delivery. Any such additional charges levied must be borne by you. Please note that we have no control over these charges and cannot predict what these may be at any time in the future.
15. Price & Payment Prices are subject to change without notice. The price payable by you is the price of the product displayed on the website at the time of placing your order. Payment will be taken from your card immediately. In the event of your ordered goods being out of stock, we will notify you of delays and offer refunds where applicable.
16. Availability All products (including any free gifts) are subject to availability while stockslast. We reserve the right to withdraw any products from sale without incurring liability. Should any products ordered be out of stock we will inform you and allow you to cancel your order should you wish. If we do not hear otherwise we will send out your products when they are back in stock.
17. Privacy When you place an order with us we collect and store personal data primarily to provide you with efficient customer service. If you would like a copy of the data we hold on you, please contact the DPO at [email protected]
18. Promotions We may send you promotional material in the future. If you do not wish to receive any further promotions from ESB Developments Ltd, please inform us by emailing [email protected]
19. Product Information Information provided on www.vegetology.com should not be construed as medical advice. We advise customers to consult a qualified medical practitioner for any medical advice.
20. Miscellaneous When you place your order on www.vegetology.com, this represents an offer to us to purchase product. You will be charged in full. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and ESB Developments Ltd ignores this, ESB Developments Ltd will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. ESB Developments Ltd shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions. www.vegetology.com is owned and operated by ESB Developments Ltd, a company registered in England and Wales, whose registered office is at Creation House, 50-72 Gauntley Street, Nottingham, NG7 5HB, United Kingdom.
If you have any queries please contact our Technical Service Team by emailing [email protected]
“Process” we “process” your personal data when we do anything with it, which might include: collecting, recording, organising, storing, adapting, altering, retrieving, using, combining, disclosing, or deleting it.
“special category data”personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life or sexual orientation, health, genetic or biometric data.
1. What this policy describes
This policy describes how we will collect and use personal data about you.
We process information about:
“Prospects” potential customers or referrers;
“Customers” who have bought goods or services from us;
“Suppliers”, “Associates” suppliers or potential suppliers of goods or services to us;
“Affiliates” who have signed up to our affiliate scheme (if we have one).
2. What information do we process, and WHY?
Most of the information we process comes from you. We process it so we can reply to you, and when you contact us again we know what you asked before, what you were sent, and what you told us.
Typically, we are collecting name, contact details, how we came across you, and background information from you or published by you on social media or freely accessible on the internet, on why you might be interested in our products or services or a relevant contact for our business.
If you sign up to a newsletter list, you will be sent what you asked for. We normally operate ‘double opt-in’ lists and you will need to reconfirm your subscription before anything is sent. You can unsubscribe at any time by clicking the unsubscribe button on any email.
You are not automatically subscribed to any other lists, but may be invited to join an appropriate one.
If we email you individually using our own email system, or respond to an email sent to us at any of our business email addresses, a copy of that email will also be stored.
If you make an enquiry via our website, we will keep details of that enquiry and response for our data retention period (section 2, Table, above).
We do not routinely keep special category data. To the extent we hold this, it was supplied or made publicly available by you.
Once you buy something from us, we will collect information from you at the point of sale.
This will include the information we collect from Prospects (above). We collect your email address, phone number and postal address so we can provide what we have contracted to, invoice you and keep proper records of our business relationship.
We process your data to support the delivery the goods and services you have bought. We keep records of the goods/services provided to you, and information you give us, so we can support you when needed and advise you of any additional services you may need.
Financial and credit card details
We do not receive or store your credit card details. Credit card payments are handled by an external secure processor in accordance with their data security policies (see section 2, Table, above).
We receive limited information from our processor for us to tie up your payment with your invoice.
If you pay us by BACS or direct transfer, we know only what the bank tells us, which is usually the name of the person who paid us and how much and the reference number.
We do not routinely keep credit scores nor use credit reference agencies.
2.3 Supplier and Associates
We collect information on potential and actual suppliers and associates. This is mostly provided by you, but we do add to it the same kind of data we use for Prospects (see above).
If you become a supplier or associate we keep a copy of the contract between us and your bank details so we can pay you. We also keep a record of invoices/payments for accounting purposes.
We keep a record of the work you undertook for us/our clients along with any comments, reviews or suggestions about that work including complaints (if any) and their resolution.
This information is all needed to manage our customer relationships and our supply chain.
If we set up an affiliate scheme, affiliate data will be held in accordance with this policy. We will ask you for information when you apply and that will be kept to administer the affiliate scheme.
3. Newsletters and automated emails
We monitor who opens what in our newsletter lists, and pre-set sequences of information we send you. We do this, so we can see if content is popular and generate more of it, or if it is not read.
There may be sub-routines that trigger if you click on links or articles. These are designed to offer you more information about things you are interested in.
You can unsubscribe from these sequences at any time.
Existing customers may receive emails about specific offers relating to things you have already purchased. You can unsubscribe from these at any time.
From time to time, we contact individual email newsletter subscribers but it is extremely rare. This would normally be if something odd were going on and we wanted to check you could see and use the content or find out what was causing a problem.
4. Data sharing – 3rd parties
We do not sell or exchange your personal data with organisations who may want to sell you something or use your data for research or other purposes.
We keep a list of the software platforms we use to run our business. If you would like a list of all the platforms we use, please email us (at the email address in section 2, Table, above).
We have an outsourced support team for our own business which may include Virtual Assistants, Web Designers, IT support, Sales and Marketing, Accounting and more. They have limited access to your data, where the service they provide to us means they need it.
For example, if our IT support wants to check the functionality of a laptop or back up, they may need temporary access to information that may include something about you.
For example, if we invoice you, our Accountant needs to process the information in the invoice.
Your information/advice is held in the strictest confidence. Our team are all contracted to strict confidentiality clauses.
5 Where is your data located?
Like most small businesses, we do not have any tailor-made software – we use mainstream packages for everything from our customer records, to email, to accounting.
This means that some of your data may be held in the EEA, and some may be held in services in the USA (with suitable data privacy shields) or elsewhere. We have picked mainstream suppliers with appropriate security standards.
6. Retention periods
Your information will be kept for the length of time set out in our retention period (see section 2, Table, above).
We need to keep customer information long enough to satisfy HMRC and our insurers. We keep information on prospective customers long enough to make our sales enquiry system effective.
If you subscribed to a newsletter or updates list, you will remain on the list(s) you joined until you unsubscribe from that list.
7. Your rights
You have the right to know what information we are collecting on you, and to amend it if it is inaccurate.
If you feel for some reason we have information we should not be keeping, or it is out of date or otherwise wrong, please let us know and we will take appropriate action.
Most of the information we hold is not based on your individual consent but is based on our needing the information to run our business and provide our products and services.
If you want to know what information we have about you (if any) email us at the email address set out above and give us your name, email address(es) and we will happily do a search and let you know what information we hold on you and how we are using it/have used it.
You have a “right to be forgotten” - but that does have some legal limits to it. If you want us to remove information about you, let us know. If you have been a customer, we may not be able to remove all data as we will have to ensure that we can continue to comply with legal, accounting, taxation and our insurer’s requirements.
If you have a complaint about the way we are handling your information or how we have responded to a request for information or removal, you can take this up in the first instance by emailing us at the email address set out above.
If we can’t sort it out, the relevant supervisory authority for us is the Information Commissioner for the UK. You can contact them here.
Version 1.4 Date: 24/05/2018