Terms of Sale

TERMS OF SALE

BACKGROUND:

These are the terms which apply to the sale of food and drink products (the “Products”) to you, when you make a purchase as a consumer on our website, www.enigmasupps.co.uk (“Our Site”).

Some Information About Us

Our Site, www.enigmasupps.co.uk, is owned and operated by Enigma Supps Ltd, registered in Scotland under number SC758623, whose registered address 19 Prestwick Place, Newton Mearns, Glasgow, Scotland, G77 5AY . Our address for returns purposes is Morris Park Unit 87, 37 Roysth Road, Glasgow, G5 0YD.

When You Use Our Site

Access to Our Site is free of charge. We provide this on an “as is” basis and “as available”. This means that we might need to change Our Site from time to time. We can also withdraw your permission to use Our Site at any time and for any reason.
You must treat all security information and passwords as confidential.
Our Site might be interrupted and contain errors from time to time, although we do our best to make sure this is not the case.

    If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use Our Site will end straightaway. We will report you to the relevant authorities and give them your identity.

    Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

    You must not try to get access to Our Site or server or any connected database or make any 'attack' on the site. We will not be legally responsible to you for any damage from viruses or other harmful material that you pick up via Our Site.

    Intellectual Property Rights

    We are the owner or licensee of all intellectual property rights in Our Site and in any of the material posted on it. They are protected by copyright.

    You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. You must not change, copy, reproduce or translate anything on the site without our consent. You are not permitted to license, sell, rent, lease, transfer, assign, distribute, exploit or otherwise make any documents or online resources from the site available to any third party.

    If you breach these terms, you lose your right to use Our Site, and must destroy or return any copies you have made.

    Business Customers

      Generally, these terms apply to consumers only and do not apply to customers purchasing Products in the course of business.

      If you do purchase the Products for a business purpose, these terms constitute the entire agreement between you and us, and supersedes and extinguishes all previous agreements, discussions, warranties, representations or understandings between you and us, in writing or made verbally.

      You have not relied on any representation or warranty, not otherwise detailed in these terms, by making a purchase from Our Site.

      Our liability under these terms is limited to the price you paid for the Products.

      International Customers

        Please note that we only deliver within the United Kingdom.

        Our Products
        • You can find our pricing and descriptions of the Products on Our Site. These prices and Products may change from time to time, so please check back regularly to make sure your choice is available when you place an order.
        • We do our best to make sure all descriptions and graphical representations of the Products correspond to the Products that you will receive. But please bear in mind:
        • Images on Our Site are just for illustrative purposes. There can be differences in colour between these images and the actual Products themselves, due to computer displays, lighting and other things
        • Images or description of packaging are just for illustrative purposes, and there can be differences in the actual packaging of the Products too
        • Due to the nature of the Products sold through Our Site, there can be variances in size and weight of those Products between the description and the actual Products you will receive
        • The manufacturers provide the information relating to the Products, either to use directly or via their websites or marketing material. We do not manufacture any Products. So, the information we provide is only as good as we receive from them. For more information, please visit the manufacturer’s website
        • None of these exclude our responsibility for mistakes we might make due to negligence on our part; these only relate to minor variations of the correct Products, not to different Products altogether.
        • All descriptions of the Products include a full list of ingredients and nutritional information. We will indicate where a Product is suitable for vegetarian/vegan/gluten free customers, and our descriptions will clearly state if a Product contains any allergens.
        • Please note that we cannot guarantee that they will be free from ingredients such as:
                • Gluten
                • Milk or lactose
                • Eggs
                • Peanuts
                • Other nuts
                • Celery
                • Mustard
                • Sesame seeds
                • Soya or soybeans
                • Fish
        • We rely on the manufacturers of the Products to provide full nutritional information.
        • We cannot guarantee that the Products you would like will always be available. We do not include stock indications on Our Site, but we will let you know as soon as possible after you place your order if a Product is not available. If there is no alternative Product that you would like to order, we will refund you as soon as possible.
        • Our Products are intended for persons over the age of 18. The Products on Our Site which contain caffeine are intended for persons over the age of 21.
        • We endeavour to ensure that the Products we send to you are within a 3-month sell-by date when they leave our premises. If we make a mistake and send you a Product that is ‘out of date’, please let us know and we will offer you a refund.
        • We might sometimes have to make changes to our Products if we need to do so from a regulatory or legal perspective. However, if any change will impact your enjoyment of the Products, we will let you know in advance.
        • We do our best to make sure that the prices on Our Site are correct. We are allowed to change prices and also to add or remove special offers when we wish. If we change a price, this will not impact an order you have already placed.
        • We will check all prices before accepting your order and sending you an email confirmation. However, if Our Site has shown you the wrong pricing information, we will contact you to let you know about the mistake. If the correct price is lower than you have paid, we will charge you the lower price. If the correct price is higher, we will give you the option to purchase the Products at the correct price or to cancel your order. We will not proceed with processing your order until you respond. If we do not hear from you within 48 hours, we will cancel your order and send you an email to confirm this.
        • All prices on Our Site include VAT.
        • Delivery charges are not included in the prices shown on Our Site. The delivery charge will be automatically calculated when you checkout on Our Site and added to your final price.
        Placing an Order
        • Our Site will guide you through the ordering process. You will be given the opportunity to review and amend your order before submitting it, so please check it carefully before making your purchase.
        • If you provide us with incorrect or incomplete information, we might not be able to process your order. We will ask you to correct it but, if we have not heard from you within a reasonable time, we will cancel your order.
        • Our Site is not making a contractual offer to you. When you place your order on Our Site, this is your offer to buy from us and, when we send you our order confirmation by email, this is our acceptance of your offer. At this stage, you have a legally binding contract.
        • Our order confirmation to you will include:
          • Your order number
          • Confirmation of the Products ordered including full details of the main characteristics of the Products order
          • Pricing, including taxes, delivery costs and other charges
          • Estimated delivery date and time
        If we cannot accept your order for any reason, we will email you to explain why. If we have already taken payment, we will refund you as soon as possible (to the same payment method you used to make the purchase).

          Paying for the Products
          You will be prompted to pay on Our Site as part of placing your order. We will not charge your payment method until we have dispatched the Products.
          The prices of the Products might change from time to time. This will not impact orders you have already placed.
          We do our best to ensure that the prices on Our Site are correct. If we discover an error, we will contact you as soon as possible to ask how you wish to proceed. We will not process your order until you have confirmed. If we do not hear from you within a reasonable period of time, we will treat your order as cancelled.
          We do not store card details via Our Site. Please see our privacy and cookies policy for more information.

          DELIVERY, RISK AND OWNERSHIP 

          The following arrangements apply to deliveries of Products ordered on our website: 

          • All items are sent via Royal Mail
          • Enigma Supps only dispatch orders Monday – Friday  
          • Orders placed via Royal Mail delivery are dispatched with 24 hours of the order (Monday – Thursday only) Orders placed on Friday, Saturday or Sunday will be despatched within 24 hours of the next available working day. 

          UK Mainland (England, southern Scotland (excluding Highlands and Islands) and Wales.

          • Orders can be placed with Royal Mail signed for First Class - £4.99

          Rest of the UK (Northern Ireland, Scottish Highlands and Islands, Isle of Wight and Scilly Isles 

          • Orders can be placed with Royal Mail signed for First Class - £4.99

          Isle of Man

          • Orders can be placed with Royal Mail signed for First Class - £4.99 

          Channel Islands 

          • Orders can be placed with Royal Mail signed for First Class - £4.99 

          These options for delivery will be made available when placing orders on our website. It is your responsibility to select the correct delivery option for your location. Failure to do so may result in us cancelling your order and refunding you the cost of the purchase. 

          Advertised Product prices do not include delivery costs. You are responsible for providing the correct address for delivery. If you make a mistake, we cannot be responsible for rectifying this. 

          If no one is at your delivery address to receive the Products, and they cannot be posted through the letterbox or left in a safe place that you have nominated, our nominated carrier will leave a note explaining how to rearrange delivery or where to collect the Products from. 

          If you do not rearrange delivery or collect the Products within 48 hours, we will be required to dispose of them, and treat the contract as cancelled. We will refund you the cost of the Products, but not the cost of delivery. 

          Delivery is completed, and you are responsible for the Products, once we have delivered the Products to the address you included within your order on Our Site. Ownership of the Products passes to you when we have received payment in full, including of delivery charges. 

          We cannot be responsible for delays caused by delivery carriers. We will always do our best to get the Products to you on time but cannot guarantee this. 

            If you have a problem with the Products
            We really hope you love the Products we provide; however, we understand that sometimes things happen.
            By law, we must provide you with goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any information we have provided, and that match any samples you have seen.
            If the Products do not comply with this when you receive them, or are incorrect, please contact us at info@enigmasupps.co.uk. Where this happens, you are entitled to return the Products and receive a full refund within 30 days of the date you purchased them. We will be responsible for the delivery costs of the return.
            If you wish to return Products because you have changed your mind, these must be unopened. You must return such Products within 14 days of the date you purchased them, with all original packaging, and you are responsible for the delivery costs in returning the Products to us. This does not apply to Products which are sold as expired or expiring soon.
            We will happily exchange Products if you return them within 14 days of the date you purchased them, provided they are unopened and in the same condition as they were in when they left our premises.
            We will not be liable for the issue if we have told you about the issue before you made the purchase, if you purchased the Products for an unsuitable purpose that we could not have known about, or if the issue arises from normal wear and tear, misuse or intentional or careless damage.
            If we give you a refund under this section, this will be provided to you within 14 days.
            If you return the Products for any reason at all, you must do so in the original packaging and in the same condition as you received them.
            For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
              Cancellations
              You can cancel an order before we send it for delivery, or 24 hours from when you place the order (whichever is sooner) and receive a full refund. However, this does not apply if you have opted for next day delivery, as detailed above.
              After this time, you may not cancel your order.
              Because the Products we provide are perishable, you do not have the usual consumer rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once you have opened the Products. You can cancel once you have received the Products if there is an issue with them, as set out above, but not because you have changed your mind. 
                Promotional Offers and Discount Codes
                From time to time, we may advertise promotional items, special offers or discount codes. We can end these promotions at any time, for any reason. So, you should not rely on these.
                The promotions are subject to availability, while stocks last.
                You may only use one discount code, promotion or offer per order.
                If you purchase a Product under an offer or promotion, or with a discount code, and then you return the Product, you will be refunded only the price you paid, and not the full price of the Product.
                Sometimes we may make introductory offers that have been made available by the manufacturers of the Products. Those manufacturers reserve the right not to honour these introductory offers, at their discretion.
                  Competitions
                  From time to time, we may choose to run competitions on Our Site. Where we do this, entry is open to UK residents who are aged 18 and over. Our employees (or their families) may not participate.
                  We reserve the right to ask for proof of identity, age and/or residence if we think this is appropriate.
                  If you provide us with false details as part of your competition entry, you will be disqualified.
                  When you enter one of our competitions, it is must important that you click to verify your email address in the email we send you. If you do not do this, you will not be treated as having entered the competition. We will keep your email address, but we will not give it to any third parties.
                  Entering the competition adds you to our competition mailing list. You can unsubscribe from this mailing list at any time.
                  If we ask you to like or follow a social media page as part of the competition, you are permitted to un-like or unfollow the page at any time. 
                  We will inform the winner of the competition by email as soon as the draw has taken place. By entering the competition, you consent to us using your name and social media avatar in our marketing material and for publicity purposes.
                  Where you win our competition, you will be given the price as soon as reasonably possible after the draw has taken place. We do not offer exchanges or cash alternatives for the prizes.
                  We can withdraw a competition at any time.
                  The judges’ decision is final in any competition.
                    Our Liability to You
                    We do our best to make sure that the Products are described accurately. However, please note that we do not manufacture the Products, and are reliant on the manufacturers to provide this information. We do not accept any liability for incorrect or incomplete information on Our Site regarding the Products. We usually provide the ingredients for one flavour of each Product (where multiple flavours are available). We advise you to check the manufacturer’s website for full nutrition information.
                    The descriptions of our Products do not constitute dietary or medical advice. We are not qualified medical professionals. Not all Products will be suitable for all individuals. If you require nutritional or medical advice, please contact a qualified professional, dietitian, nutritionist or doctor.
                    The Products have not been evaluated by an independent food or drug authority. The Products are not intended to diagnose, treat, cure or prevent disease.
                    We will not be responsible for any medical issues that arise from your use of the Products.
                    We will be responsible for any foreseeable loss or damage that you suffer because we have breached these terms, or because of our negligence. However, we will not be responsible if a loss to you is not foreseeable.
                    We only provide the Products for personal consumption. They are not intended for commercial, business or industrial use, including resale. We will not be responsible for any loss of profit, loss of business, interruption to business or any loss of business opportunity.
                    We are not trying to limit or exclude our liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
                    We are not trying to exclude or limit our responsibility for complying with consumer protection legislation. 
                    If you would like more details on your consumer rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
                      Events Outside Our Control
                      We will not be responsible for delay or failing to perform our obligations to you if this is due to something happening that is outside our control. This includes a power failure, internet service provider failure, strikes, lockouts 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.
                        Communicating with Us
                        If you wish to contact us to ask questions, to give us feedback or to make a complaint, please do so at info@enigmasupps.co.uk
                        We will do our best to get back to you as soon as possible.
                          Your Personal Data
                          We will need to ask you for some personal data to be able to fulfil your order. Please see our privacy policy for more information on this, which can be found on Our Site.
                            The Legal Bit
                            We can assign our rights and obligations under these terms to someone else, but you cannot. If we do so, you will be informed in writing.
                            The contract formed when you place an order is between you and us. No one else is intended to benefit, nor will they be able to enforce any part of these terms.
                            If any part of this terms is not valid or lawful, the rest of the terms will still apply.
                            We may amend these terms from time to time, so please check back regularly, as any updated terms will apply to an order you place.
                            These terms, and any non-contractual obligations arising hereunder, will be governed by the laws of Scotland. As a consumer, you also benefit from protections in your country of residence. If there is a dispute between you and us, the court in the country you reside in will have exclusive jurisdiction.