DNA Lean Terms and Conditions
This page was last updated: 11th September 2017
Please read these terms and conditions carefully before using our website and/or ordering any products from our website. You should understand that by using our website and/or ordering any of our products, you agree to be bound by these terms and conditions.
Please read through these terms and conditions carefully and print a copy for future reference.
Terms and Conditions for use of the DNA Lean Website (www.dna-lean.co.uk)
1.2. Use of Our Website
Whilst we use reasonable efforts to include accurate and up to date information on our website, errors may occur. We cannot give any warranty or representation as to the accuracy of the information, and do not accept responsibility for errors or omissions or for any action or decisions based on the information. We therefore recommend that you do not rely soley on the information provided on our website.
Your access to our website is given on a temporary basis. We reserve the right to withdraw and/or amend our website without giving notice to you. We may restrict your access to our website or any part(s) of our website from time to time.
1.3. Disclaimer of Liability
Your use of our website is at your risk. If you have any specific queries, please contact us by email at firstname.lastname@example.org. The information and materials provided on our website are of a general nature only and cannot be regarded as constituting advice or recommendations (professional or otherwise). We do not accept any liability for any direct, indirect, special or consequential losses or damages of whatever nature, including, but not limited to loss of anticipated savings, revenues, information, goodwill or contracts arising out of our website, its availability or lack of availability or your use of any information contained on our website.
We exclude all warranties, express or implied, relating to the information and materials on our website to the fullest extent permitted by law.
1.3.1. Product Disclaimer
Before using any of the DNA Lean sports supplements, always read the product labels including the warnings and directions for use instructions. If you feel that you may have any safety concerns regarding the use of any of our products do not start any use of them, or immediately cease their use and contact us at email@example.com, and/or consult a medical practitioner.
Information on this website is not intended in any way whatsoever to be substituted for any advice/information given by a medical professional.
All information on our website is for informational purposes only.
Information and statements about our products are not intended to diagnose, treat, cure or prevent any disease or health condition.
1.4. Links from and to our website
Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website.
Our website contains hypertext links to third parties' websites. Any hypertext links between our website and any third party website are provided for your convenience only and we accept no liability whatsoever for the contents of any such third party website. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of third party website material or your accessing of third party websites causing any damage, costs, injury or loss of any kind.
You may link to the homepage of our website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our website must not be framed on any other site and you may not create a link to any part of our website other than the homepage.
1.5. Trade Marks, Logos and Service Marks
Except where otherwise stated expressly, you must not copy, adapt, download, exploit or otherwise use the information contained on our website in any way, other than for the purpose of enquiring about or requesting information relating to our products or downloading and temporarily storing one or more of the pages of our website for the purpose of viewing, for your personal use only, on a personal computer or terminal. For the avoidance of doubt you shall not be entitled to reproduce, permanently store, or retransmit any of the contents of our website without our prior written consent.
1.7. Privacy and Cookies Policy
Part 2: Terms and Conditions of Sale ("Sale Terms")
This page was last updated: 11th September 2017
These Sale Terms tell you information about us and the legal terms and conditions on which we sell any of the products (“Products”) listed on this website (“our website”) to you.
These are the terms and conditions on which we will contract with you (“the Conditions”). They only apply to trade customers
These Sale Terms will apply to any contract between us for the sale of Products to you (each a “Contract”). Please read these Sale Terms carefully, and make sure that you understand them, before ordering any of our Products. Please note that when placing an order you thereby agree to unconditionally accept all Terms and Conditions set out in these Terms and Conditions of Sale. If you refuse to accept these Sale Terms, you must not order any of our Products.
You should print a copy of these Sale Terms, or save them to your computer, for future reference.
We may amend these Sale Terms from time to time as set out in clause 11. Every time you wish to order Products from us, please check these Sale Terms to ensure you understand the terms which will apply at that time.
“Buyer” – the person, firm or company who purchases the Goods from the Company.
“Company” – DNA Lean
“Contract” – any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
“Goods” – any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
2. Application Of Terms
2.1 Subject to any variation under condition
2.2, all Contracts shall be subject to these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 Any alternative conditions or any addition, alteration or variation to these Conditions or representations about the Goods shall not apply unless they are expressly agreed in writing and signed by the Company and nothing in these Conditions shall exclude or limit the Company’s liability for fraudulent misrepresentation.
2.3 Any order or acceptance of a quotation for Goods by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
2.4 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. The acknowledgement of an order by a message on the Company’s website or an e-mail shall not constitute confirmation or acceptance of such order.
2.5 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
2.6 DNA Lean have the right to hold any order if they feel an error has occurred in which the sale has been deemed inaccurate.
3.1 DNA Lean requests that all resellers do not gather their DNA Lean product descriptions form this website, please either adapt and write your own description and content from the information provided at the product launch or please allow DNA Lean’s in-house copywriters to do so on your behalf. Along with providing copy, we are happy to provide bespoke artwork, banners and promotional call to actions as long as you provide DNA Lean with the size for each piece of artwork required.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, brochures or on its website are issued, published or displayed for the sole purpose of giving an approximate idea of the Goods described in them.
3.3 They shall not form part of the Contract and shall not be treated as constituting any warranty, representation or condition in relation to any of the Goods. This is not a sale by sample.
4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Company’s place of business and the Buyer shall be bound to accept the Goods when they are ready for delivery by the Company.
4.2 If the Buyer does not properly accept delivery, the Goods will be deemed to have been delivered and risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence). The Company may store the goods until collection by the Buyer whereupon the Buyer will be liable for all related costs and expenses (including storage and insurance).
4.3 Any complaint of short delivery or defects discoverable on reasonable inspection must be notified to the Company within 7 days of receipt of the Goods and confirmed in writing at that time by the Buyer to the Company. Where the defect is not apparent on reasonable inspection then the Buyer shall notify the Company of the defect within a reasonable time after discovery thereof.
4.4 The Company shall, at its option, replace, repair or give credit for any defective Goods provided that condition 4.3 has been complied with and that the defective Goods have been returned to the Company, accurately identified and packaged appropriately. The Seller’s liability for non-delivery of Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the appropriate rate.
4.5 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence.
4.6 The Company may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract and no cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or Fiestanant.
5.1 Risk in the Goods shall pass to the Buyer upon delivery.
5.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the Goods; and
5.2.2 all other sums which are or which become due to the Company from the Buyer on any account.
5.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
5.3.1 hold the Goods on a fiduciary basis as the Company’s bailee;
5.3.2 store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;
5.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
5.3.4 maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.
5.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
5.4.1 any sale shall be effected in the ordinary course of the Buyer’s business at full market value and the Buyer shall hold such party of the sale proceeds as represents the amount owed by the Buyer to the company on trust for the Company and shall not mix the said proceeds with any other money or pay it into a bank account which is overdrawn and shall account to the Company accordingly; and
5.4.2 any such sale shall be a sale of the Company’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.
5.5 The Buyer’s right to possession of the Goods shall terminate immediately in the event of any act or proceedings which involves the solvency of the Buyer or if the Buyer encumbers or in any way charges any of the Goods.
5.6 The Buyer grants the Company, its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
5.6.1 Should the Company be forced to recover the goods from the Buyer, the Buyer will be liable for a recovery fee of up to a maximum of £1000.00.
5.6.2 The Buyer accepts full and unlimited personal liability, without exemption, for all and any monies owed to the Company.
6. Price and Payment
6.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list published or on the Company’s website as at the date of delivery or deemed delivery.
6.2 Payment for the Goods shall be made, without any set-off, deduction or counterclaim whatsoever, when the Goods are delivered or deemed to be delivered unless otherwise agreed in writing by the Company. Time for payment shall be of the essence.
6.3 Faults in purchase from rrp without proof of promotional offer is subject to cancellation
6.4 No payment shall be deemed to have been received until the Company has received cleared funds.
6.5 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision or any act or proceedings which involves the solvency of the Buyer.
7. Limitation Of Liability
7.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
7.1.2 any breach of these Conditions; and
7.1.3 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
7.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
7.3 Nothing in these conditions excludes or limits the liability of the Company:
7.3.1 for death or personal injury caused by the Company’s negligence; or
7.3.2 for breach of any undertaking as to title, quiet possession and freedom from encumbrance implied by law; or
7.3.3 for fraud or fraudulent misrepresentation.
7.4 Subject to condition 7.2 and condition 7.3: 7.4.1 the Company shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contracts; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
7.4.2 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Buyer for the Goods and the Buyer shall be responsible for making its own arrangements for the insurance of any excess loss.
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
9. Force Majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 6 months, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
10. Amazon Exclusivity
We reserve the right to exclusively sell all DNA Lean products on all AMAZON market places. Any re-seller of DNA Lean wishing to engage in the resale of any DNA Lean products on any AMAZON market place, must seek prior written permission.
10.1 Non-Compliance Fee
Any seller who breaches condition 10.0, shall be liable to pay a non-compliance fee up to a maximum of £10'000.00 payable on demmand.
10.2 Removal of listings
Any seller who breaches these terms set out in 10.0, must immeadiately remove any and all product listings relevant to DNA Lean.
11.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
11.2 if any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, void ability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
11.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
11.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
11.7 Notices: Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Buyer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice where such notice shall be deemed to have been given when delivered if delivered by hand and 2 working days following the date in which the said notice was so posted.
11.8 Communications: All those who create an account with DNA Lean via the official website will be added to the DNA Lean mailing list to take advantage of our fantastic promotions and offers. You can unsubscribe from this mailing list at any time by clicking unsubscribe in any of our emails.
12. Our Right to Vary These Sale Terms
12.1 We may amend these Sale Terms from time to time. Please look at the ‘Introduction’ section to this Part 2 to see when these Sale Terms were last updated.
12.2 Every time you order any Products from us, the Sale Terms in force at the time of your order will apply to the relevant Contract between you and us.
12.3 We may revise these Sale Terms as they apply to any Contract between us from time to time to reflect any changes in relevant laws and regulatory requirements.
12.4 If we have to revise these Sale Terms as they apply to any Contract between us pursuant to clause 12.3 above, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the relevant Contract if you are not happy with the changes. You may cancel either in respect of the entire Contract or just those Products you have yet to receive under the Contract. If you opt to cancel any Contract in full pursuant to this clause 12.4, you will have to return (at our cost) any relevant Products you have received and we will arrange a full refund of the price you have paid, including any delivery charges.