Terms of Service
Terms & Conditions of Sale
This (together with the documents referred to on it) explains the terms and conditions on which we, BW ALLIANCE LIMITED, supply any of our Products ("Products") listed on the website (yotsubajapan.co.uk) (our "Site") to you or sold via mail or any other retailer. Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. Information About Us
BW ALLIANCE LIMITED, Company Number 14824039 is registered at C/O FDCA OFFICE 2, BENNET'S HOUSE, 21 LEYTON ROAD, HARPENDEN, UNITED KINGDOM AL5 2HU
2. Privacy Policy
- It is important that you read and understand these Terms and Conditions in conjunction with our Privacy Policy before using the Services. This policy details the collection and processing of customers' data.
- To set up an account with us you must agree to these Terms & Conditions and our Privacy Policy. You will not be able to set up an account on our platform and access or use the Services if you do not agree to these Terms & Conditions and Privacy Policy.
3. Your Status
By placing an order through our Site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
- If purchasing the Supplement you are NOT pregnant or breastfeeding.
- If taking any medication or have an existing condition you have sought independent medical advice.
4. How the Contract Is Formed Between You and Us
- After placing your order via our Site for Products, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us. We will notify you where Products may not be available.
- Your Contract with us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available.
5. Availability and Delivery
Your order will be fulfilled as soon as reasonably possible, and in any event within 5 days after the day we accept your order unless there are exceptional circumstances or we have notified of out of stocks or delays.
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.
6. Risk and Title
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charge, if applicable.
7. Price, Payment, Cancellation and Offers
Price
- The price of any Products (including any applicable delivery costs) will be as quoted on our Site and in promotional material from time to time, except in cases of obvious error.
- Prices of Products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
Offers
- Any promotion code or offer provided on our Site cannot be used in conjunction with any other promotion (current or historical).
- Each promotion code or offer may be used only once per customer. If more than one customer is registered at the same delivery address our promotion code or offer may only be used by one customer registered to that address (on a one per household basis).
- If it is found that more than one promotion code or offer has been used by the same customer or more than once per household: (1) only one product will be dispatched and the other orders cancelled; (2) if we suspect that you have used different email addresses or delivery addresses to get around this system, we may decide to count this as fraudulent activity; (3) for any order which has already been dispatched and, in our reasonable discretion, is deemed to be fraudulent, we reserve the right to charge the Product's Recommended Retail Price.
- We reserve the right to withdraw or terminate any of our promotion codes or promotional offers at any time.
8. Our Refunds Policy
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 14 working days of the delivery of the goods in question.
- If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email of the problem within 37 days of the date on which you ordered the goods.
- If you notify a problem to us under this condition, our only obligation will be, at your option:
- to make good any shortage or non-delivery;
- to replace any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question. We will usually process the refund within 30 days.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site.
- Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.
- If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.
9. Subscription / Auto-Replenishment Terms
- We offer a subscription auto-replenishment service. When you enrol in a Subscription, you will receive recurring deliveries at the frequency selected at check out.
- Subscription enrolment is an agreement that will automatically renew and charge on a recurring basis. To unsubscribe you will need to contact us.
- We reserve the right to change subscription pricing at our own discretion. Any changes to subscription prices will be communicated to you via e-mail in advance.
- If a charge attempt fails, we may retry the charge or cancel the subscription at our discretion.
10. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
11. Notices
All notices given by you to us must be given to BW ALLIANCE LIMITED at info@yotsubajapan.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
12. Transfer of Rights and Obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
14. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15. Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17. Our Right to Vary These Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
18. Law and Jurisdiction
Contracts for the purchase of Products through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
