Terms of sale

These terms‚Äč
Information about us and how to contact us
Our contract with you
Our products
Your rights to make changes
Our rights to make changes
Providing the products
Your rights to end the contract
How to end the contract with us (including if you have changed your mind)
Our rights to end the contract
If there is a problem with the product
Price and payment
Our responsibility for loss or damage suffered by you
How we may use your personal information
Other important terms

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are OptiBac Probiotics. Our website is www.optibacprobiotics.com which is operated by Wren Laboratories Limited and Medipharma Limited both companies are registered in England and Wales. Wren Laboratories Limited’s company registration number is 5094520 and Medipharma Limited’s company registration number is 2658133 and both companies’ registered office is at 21 & 22 Mayfield Avenue Industrial Park, Andover, Hampshire SP11 8HU. The registered VAT number for both companies is GB 319320031.

2.2 How to contact us. You can contact us by telephoning our customer service team on +44 (0) 1264 339 770 or writing to us at enquiries@optibacprobiotics.com or 21 & 22 Mayfield Avenue Industrial Park, Andover, Hampshire SP11 8HU. 2.3 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 or when you registered for an account with us. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How you place an order. You are deemed to place an order with us by ordering via our online checkout process on our website. As part of the checkout process you will be given the opportunity to check your order, chosen delivery option, and to correct any errors. Once you have placed your order we will send you an order acknowledgement detailing the products you have ordered.

3.2 How we will accept your order. We take payment for the products at the point you order them. We will not dispatch the products until payment is received. Our acceptance of your order will take place when we dispatch the order and we will send you a dispatch confirmation by email. At the point of dispatch a contract will come into existence between you and us, unless you have cancelled your order or we have notified you that we do not accept your order.

3.3 If we cannot accept your order. We will inform you we cannot accept your order and will not charge you for the product or refund you if payment has already been taken.

This might be because:
(i) the product is out of stock;
(ii) we cannot obtain authorisation for your payment;
(iii) if there has been a pricing or product description error;
(iv) because of unexpected limits on our resources which we could not reasonably plan for; or
(v) because we are unable to meet a delivery deadline you have specified.

3.4 Your order number. We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5 This is a UK website. Our website is used by UK and international visitors. All sales are deemed to be made in the UK and are governed by the law of England and Wales. However, we ship our products within the UK and internationally.

4. Our products

4.1 What our products are. Our products are food supplements, and are not intended to prevent, treat, or diagnose a medical condition. Live cultures are not medicines or medical devices and should not be used as such. If you have any concerns regarding your health, you should seek medical advice from a healthcare professional.

4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product and its packaging may vary slightly from those images on our website.

5. Your rights to make changes

If you wish to make a change to your order, please contact us. 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. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to cancel the order (see clause 8.4).

6. Our rights to make changes

6.1 Minor changes to the products.

We may change the product:
(i) to reflect changes in relevant laws and regulatory requirements; and
(ii) to implement minor adjustments and improvements to the product. These changes will not affect your use of the product. We will update the product description page with any minor changes.

7. Providing the products

7.1 When we will provide the products. During the order process we will let you know when we will provide the products to you.

(i) If the products are a one-off purchase. Your order will usually be dispatched the next working day following payment being taken. We will deliver them to you as soon as reasonably possible in accordance with the delivery option you chose and in any event within 30 days after the day on which you place your order. Delivery options are available on our website and the delivery option you choose will be shown on your order at checkout for you to confirm or amend.

(ii) If the products are a subscription purchase. We will supply the products to you until either the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10. Your order will usually be dispatched the next working day following payment being taken.

7.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, 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.

7.3 When you become responsible for the products. From the time we deliver the products to the address you gave us in your order, all products will be your responsibility.

7.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product for the reasons given in clause 3.3 or to:

(i) deal with technical problems or make minor technical changes;
(ii) update the product to reflect changes in relevant laws and regulatory requirements;
(iii) make changes to the product as notified by us to you (see clause 6).

7.5 Your rights if we suspend the supply of the product(s) you have subscribed for. We will contact you to tell you if we will be suspending supply of the product you subscribe for, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will not generate your order and payment will not be taken. You may contact us to end the subscription for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you may have paid in advance.

7.6 We may also suspend supply of the products if you do not pay. We will not dispatch the products if you do not pay us when you are supposed to (see clause 12.5).

8. Your rights to end the contract

8.1 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:

(i) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;
(ii) 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;
(iii) If you have just changed your mind about the product, see clause 8.3. You will get a refund if you are within the cooling-off period of 14 days. If it is outside of the cooling-off period you will receive a refund if you return the products, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(iv) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 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 (i) to (v) 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:
(i) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(ii) 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;
(iii) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(iv) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(v) you have a legal right to end the contract because of something we have done wrong).

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days of receipt of the goods, or receipt of the first delivery of your subscription, and receive a refund or exchange.

8.4 Cancellation or Returns. If you wish to cancel or return your order:

(i) you can notify us by completing the Contact Us form or telephoning customer services on +44 (0) 1264 339 770 before we have dispatched the goods to you; or
(ii) you can cancel your subscription at any time by logging on to your account and deleting your subscription or by telephoning us on +44 (0) 1264 339 770 or emailing us at enquiries@optibabcprobiotics.com. Cancelations must be made before your next subscription is due. In the event that the order has been raised, but not dispatched, you may still cancel and receive a full refund. If the subscription is cancelled whilst an order is being processed please see clause 8.4(iii);
(iii) subject to clause 8.5, you can return the products you have ordered from us within 14 days of receipt in the manner described in this clause for a refund or exchange. Please contact customer services and return the products unopened and with all original packaging (except in the case of product defect). Please enclose the dispatch note in all returns. Unless the liability for the return lies with us under clause 9.2, the costs of returning goods to us shall be borne by you; and
(iv) subject to clause 8.5, upon receipt of the goods returned within the cooling-off period, as described in clause 8.4(iii), we will give you a full refund, in respect of the product cost. Goods purchased at 'sale’ or ‘promotional’ prices will be refunded at sale or promotional purchase price.

8.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

(i) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(ii) in the event that the product has been used; and (iii) any products which become mixed inseparably with other items after their delivery.

8.6 In all other cases. If we are not at fault and you don’t have the right to change your mind under clause 8.5, you can still end the contract but you may not receive a refund.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please complete the Contact Us form or telephone customer services on +44 (0) 1264 339 770.

9.2 When we will pay the costs of return. We will pay the costs of return: (i) if the products are faulty or misdescribed; (ii) if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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; In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.3 How we will refund you. We will refund you the price you paid for the products being the full retail price or sale or promotional price, by the method you used for payment.

9.4 When your refund will be made. We will make any refunds due to you as soon as is reasonably 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. For information about how to return a product to us, see clause 8.4(iii). Please note it can take up to 10 days for your refund to appear in your account.

10. Our rights to end the contract

10.1 We may end the contract. We may end the contract for a product at any time by notifying you if any of the reasons in clause 3.3 occur and: (i) If you have a subscription and you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; and/or (ii) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address details.

10.2 We may withdraw the product or our subscription service. We may write to you to let you know that we are going to stop providing the product or providing a subscription service. We will let you know in advance of our stopping the supply of the product or subscription service and will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about the products, please complete the Contact Us form or telephone customer services on +44 (0) 1264 339 770.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods (in other words our products) must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

11.3 Your obligation to return products. If you wish to exercise your legal rights under clause 11.2 and return products you must post them back to us. We will pay the costs of postage. Please complete the Contact Us form or telephone customer services on +44 (0) 1264 339 770.

12. Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT where applicable at current rates) will be the price indicated on the order pages when you place your order. You will also be shown an order summary for you to check before you place your order. On the order receipt the VAT charges are shown separately. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you ordered.

12.2 Duty and Delivery costs. There is a delivery tab for each product on our website setting out delivery options and their costs. We do not pay duty or any other taxes on any products sent outside the UK and these costs are your responsibility.

12.3 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.

12.4 What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.5 When you must pay and how you must pay. We accept payment by Paypal, credit or debit cards.

12.6 For a one-off purchase. You must pay for the products when you place the order online. We will charge your Paypal account, credit or debit card you confirm your order.

12.7 For subscriptions. Payment will be taken automatically at midnight (GMT) on the day your subscription is due. PLEASE NOTE if your payment details change, you must update your subscription in order to continue receiving your orders. You agree that we are not legally responsible for any banking or overdraft fees incurred when your order subscription is renewed. Failure to make payment may result in suspending or terminating your subscription in accordance with clauses 7.6 or 10.1(i).

12.8 What to do if you think you have been charged incorrectly. If you think you have been charged incorrectly please complete the Contact Us form or telephone customer services on +44 (0) 1264 339 770.

13. Our responsibility for loss or damage suffered by you

13.1 Loss and damage caused by us. If we fail to comply with these terms, 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. We do not exclude or limit in any way our liability to you where it would be unlawful. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987.

13.2 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.

14. How we may use your personal information

14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

15. Other important terms

15.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.

15.2 Changes to Terms of Sale. We reserve the right to make amendments and changes to these Terms of Sale in order to improve them and comply with any legal requirements. We will inform you of any changes by email.

15.3 Governing Law. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.