DELIVERY OF THE PRODUCTS
Delivery costs. The costs of delivery will be as set out on the Website and on your order summary prior to submitting your order to us for processing.
When we will provide the products:
- One-off orders. During the order process we will let you know when we will deliver the products to you. Please note that our estimated delivery timescales are estimates only.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then 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. You may contact us to end the contract and receive a refund for any products you have paid for but not received within 14 days of placing your order with us.
If no one is at the delivery address when the product is delivered. If no one is available at the delivery address provided to us for delivery of the product and the products cannot be posted, Royal Mail guidelines will be followed.
If the recipient does not rearrange delivery. If, after a failed delivery where the product(s) have been returned to us (or to a local collection point), and you (or someone you nominate) do not re-arrange delivery or collect it from the collection point we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or you have failed to re-arrange or collect the products, the products may be returned to us and we may end the contract.
When you become responsible for the products.
The products will be your responsibility from the time we deliver the product to you (or someone you nominate) at the address you gave us when you placed your order or to a safe place or neighbour.
When you own the products. You own a product once we have received payment or, if later, delivery of the product to the address stipulated in your order.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you; for example, your name and address. We may contact you in writing to ask for this information if it is missing from the information provided when you placed the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any one or more of them if this is caused by you not giving us any information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
contact you in the event the payment method which you have stipulated for deduction of payments for products delivered using our subscription facility rejects or declines any payment request made by us; or - update the product (including its packaging, associated information leaflet and/or labelling) to reflect changes in any relevant laws and regulatory requirements.
Your rights if we suspend the supply of a product. We will contact you to tell you we are suspending supply of a product. You may contact us to end the contract 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 14 days.
YOUR RIGHT TO END THE CONTRACT
When you can end your contract with us. The scope of your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, whether you have ordered products on a one-off basis or subscription basis, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or all of your money back).
If you want to end the contract because of something we have done or have told you we are going to do; or
- If you have just changed your mind about the product. You may be able to get a refund if you have ordered a product and you are within the Cooling-Off Period (explained below). You will have to pay the costs of return of the products. The packaging for the products must not have been wholly or partially unsealed.
Ending the contract because of something we have done or are going to do. If you are ending a contract, the contract will end immediately and we will refund you in full for any products which you have paid for but not received. The reasons are:
- 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; there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended, or notify you of our intention to suspend, supply of the products for design, legal, regulatory and/or technical reasons, in each case for a period of more than 14 days; or you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receive the products and to receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms and Conditions and will be different depending on whether you have ordered a product on a one-off or subscription basis.
How long do I have to change my mind?
One-off orders. For one-off orders (i.e. orders for which you pay for products which are to be delivered on a one time only basis) you have 14 days after the day you (or someone you nominate) receive the products, unless your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
(The time period above in relation to each type of order shall be referred to as the "Cooling-Off Period" throughout the rest of these Terms and Conditions).
When you do not have the right to change your mind and return a product within the Cooling-Off Period. Due to hygiene and public health and safety reasons, you do not have a right to change your mind from the point the sealed packaging for the product has been wholly or partially unsealed.
HOW TO END THE CONTRACT WITH US (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us because you have changed your mind within the Cooling-off Period and the packing remains securely sealed, please let us know by:
- Emailing us at customersupport@smartstrains.com Please provide your order number and brief details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you or someone you nominate has received them, you must return them to us by post. If you are exercising your right to change your mind for a product, you must send off the product within 14 days of telling us you wish to end the contract.
When we will not pay the costs of return. We will not pay the costs of return if you are exercising your right to change your mind in respect of any product(s) where the packing remains sealed and you are within the Cooling-Off Period. If you are returning the product(s) to us in exercise of this right, please return the product(s) to us by first class post to Nordic Pharma Limited, Building 1410, Arlington Business Park, Theale, Reading, RG7 4SA.
When returning products to us, we strongly recommend you secure proof of postage for your records. You may be asked to provide this proof of postage to us in certain circumstances.
When we will pay the costs of return. We will pay the costs of return where:
- you are returning the products because the products are faulty or misdescribed; or you are ending the contract because we have told you of an upcoming change to the products or these Terms and Conditions, 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.
If you return the products for either of the reasons above, you will need to pay for the return in the first instance. We will refund you the cost of returning the product(s) to us as soon as possible on receipt of the product(s) from you.
How we will refund you. We will refund you the price you paid for the product(s), including delivery cost and any postage costs incurred when returning any product(s) to us, by the method you used for payment.
Refund for delivery costs. If you are exercising your right to change your mind, the maximum refund for delivery costs will be the cost of delivery that you have paid.
When your refund will be made. If you are exercising your right to change your mind for any eligible product(s) during the Cooling-Off Period then we will refund you the price paid within 14 days from the day on which we receive the product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us.
OUR RIGHT TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for any product(s) at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s), for example your name and address for delivery; or
- you do not, within a reasonable time, allow us to deliver the product(s) to you (or someone you nominate) or collect them from your local Royal Mail collection centre.
You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for any product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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 in relation to the products, including the right to receive products which are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products to consumers 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 revenue, loss of business, business interruption, or loss of business opportunity.