|Terms and Conditions
1. Status terms constitute a legal document (“the Agreement”) which sets out the rights and obligations of you as purchaser (“you”), and those of the Alchemyst Ltd. (“us or we”), in relation to products/services offered by us through this site. By registering to Discovery Foods Direct site, you agree to the terms of this Agreement, and re-affirm that agreement every time you use our service. If you do not accept these terms please exit this site immediately.
1.2 You agree to:
1.2.1 provide true, accurate current and complete information about yourself as prompted by our registration form (such information being the “Registration Data”); and
3.1 A notice will be displayed on your web browser before you submit an order with Discovery Foods Direct. (“Pre-contract Notice”). The Pre-contract Notice contains important information such as a description, price and delivery charges of the goods ordered. Alchemyst suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 Alchemyst will not be obliged to supply the goods submitted in your order until you have received an e-mail from us accepting your order (Order Confirmation). However, in the event the goods are listed on the Discovery Foods Direct site at an incorrect price due to typographical error or error in pricing information received from its suppliers but Alchemyst have accepted your order before the discrepancy is noticed, Alchemyst shall e-mail you to ask whether you are willing to pay the correct price for the goods ordered. If you are unwilling to pay the correct price, Alchemyst reserves the right to cancel the contract immediately without any liability to you.
3.3 If Alchemyst exercises its right under clause 3.2 to cancel a contract it will immediately issue a credit to your debit or credit account if it has already made a charge to your card before cancelling your order; or Alchemyst will not charge your debit or credit card until the goods are despatched to you.
3.4 In the event that goods ordered by you are not available, Alchemyst reserves the right to provide you with goods of similar quality and specification and will inform you of such in the Order Confirmation.
4.1 You have the right to cancel either:
4.1.1 within 48 hours from the date of delivery if Alchemyst has supplied goods to you; or
4.1.2 within 12 hours from the date Alchemyst sent you the Order Confirmation.
4.2 The cancellation notice should be sent by e-mail to Alchemyst at email@example.com and must state your name, a description of the goods and order number; attaching the Order Confirmation Alchemyst originally sent you. This will also assist Alchemyst in processing your cancellation as quickly as possible. (The Order Number is stated in the Order Confirmation emailed to you on Alchemyst acceptance of your order)
4.3 If your order has not been despatched, the cancellation process will be completed within 48 hours, refunding your debit/credit card.
4.4 Where Alchemyst have supplied goods to you, you must take reasonable care of goods in your possession pending their return to Alchemyst. Alchemyst will only accept the returned goods in their original packaging and which have been unopened. If otherwise, this will invalidate your right to cancel the contract.
4.5 You must return the goods to Alchemyst by registered post or similar within five days (excluding Saturdays, Sundays or Bank Holidays) from the date of Cancellation Notice. You are responsible for the cost of returning the goods to Alchemyst and the risk of damage to the goods in transit. If the goods are damaged in transit Alchemyst reserves the right to refuse a refund, and it will be your responsibility to seek compensation from the carrier.
4.6 Once Alchemyst has received the returned goods and satisfied itself that you have complied with clause 4.3, it will send you confirmation by e-mail that the return of goods has been accepted by Alchemyst and will immediately make a refund of the contract price to your debit or credit card used to purchase the goods.
4.7 Alchemyst will not be held responsible for goods seized by customs officials. Customers are advised to check with their local customs office for a list of restrictions governing import goods.
4.8 Local taxes & duties are payable by the customer on receipt of goods. Customers are advised to check with their local customs office for a list of products which carry import duties and taxes.
If in the unlikely event your order is accidentally dispatched as standard delivery instead of premier delivery, when the premium service has been paid for by the customer, Alchemyst will refund the customer cost difference between the premier & the standard delivery option. We require photographc evidence of the postage stamp for a refund to be issued.
5.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Alchemyst. When you activate any of these you will leave the Discovery Foods Direct site, and Alchemyst has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Alchemyst.
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer.
6.2 Subject to clause 6.1, you agree that Alchemyst shall not be liable either in contract, tort negligence, statutory duty or otherwise, for any:
6.2.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatsoever arising from or in anyway connected with this Agreement;
6.3 You also agree that (except in relation to such liability as has been expressly excluded in clause 6.1 above) the maximum aggregate of liability of Alchemyst in contract, tort, negligence, statutory duty or otherwise (even where Alchemyst has been advised of possibility of such loss or damage), for any loss or damage whatever arising from or in anyway connected with:
6.3.1 any defect in product;
6.3.2 any failure by Alchemyst to process signals, data, information, orders or messages correctly or in a timely manner;
6.3.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
6.3.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period shall be limited, in the case of defects falling within clause 6.3.1, to three times the price of of goods/services. This limit shall also apply in the event that any exclusion or provision contained in this Agreement is held to be invalid for any reason and Alchemyst becomes liable for loss or damage that could otherwise have been limited.
6.4 You agree and acknowledge that you are in a better position than Alchemyst to foresee and evaluate any potential damage or loss that you may suffer in connection with goods and services provided by Alchemyst, and therefore that Alchemyst cannot adequately insure in respect of such liability. You warrant to Alchemyst that you will insure against, or bear yourself, any loss for which Alchemyst has excluded liability.
6.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 6 may not apply to you.
Delivery times quoted are estimates only, and Alchemyst shall not be liable for any delays caused except to the extent caused wilfully or negligently by Alchemyst. However, unless we have agreed a longer period for delivery with you, we will either deliver goods within 48hours of processing your order (UK only) or we will let you know as soon as it will not be possible to meet this obligation. If we do let you know, then we will either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods. Delivery costs are weight based. Alchemyst uses Royal Mail to dispatch goods under 1KG to the UK & Northern Ireland, under 4kg for the Channel Islands and under 2KG for European Deliveries. Orders above these weights are dispatched by courier services. Dispatch time for courier services to UK addresses is 48 hrs and 3-5 days for Europe.
10.2 Trade Names, logos and trademarks belong to Discovery Foods, its affiliates and/or partners
11.1 intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our property or that of our licensors.
11.2 without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any person to:
11.2.1 disassemble, reverse engineer, decompile, or in any other way interfere with the Software;
11.2.2 copy or modify the Software; or
11.2.3 create any new Software partly or wholly based on the Software.
11.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
11.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.