Refund policy

Our contract with you
    1. How we will accept your order. Our acceptance of your order will take place when we email you a “confirmation email” to accept it, at which point a contract will come into existence between you and us. All aspects of the order process, including but not limited to the “Buy Now” or “check out” function on the website and the email to confirm we have received your order should be considered an “invitation to tender”. 
    2. If we cannot accept your order and we don’t charge you. If we are unable to accept your order, we will inform you of this in writing via email and will endeavour to not charge you for the product. We will usually do this through our “confirmation email” but if this is not possible as perhaps the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. 
    3. If we cannot accept your order and we do charge you for this. If we are unable to accept your order for reasons considered to be beyond our reasonable control then we shall let you know with time of the essence and in any case, within two working days (days in England and Wales that are not weekends and not bank holidays) of the order being placed. We shall then contact you to process a full refund. 
    4. We charge you when we accept your order. As your product is goods, you will own it once we have received payment in full.
    5. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  1. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us. Beyond this point, you will bear the title and risk for the product. 
  2. When you own goods. You own a product which is goods once we have received payment in full.
  3. 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 correct delivery address and name. If so, this will have been stated in the description of the products on our website. We will contact you in writing via email to ask for this information. 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 (and 10.2 will apply) 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 part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 
  4. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
    1. deal with technical problems or make minor technical changes;
    2. update the product to reflect changes in relevant laws and regulatory requirements;
    3. make changes to the product as requested by you or notified by us to you (see 6).
  5. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of a product, unless the problem is urgent or an emergency. If we have to suspend the product for a period longer than one month, we will adjust the price so that you do not pay for products while they are suspended or contact you to process a refund or rearrange a delivery dare.
Your rights to end the contract
      1. You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
        1. If what you have bought is faulty or mis described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see 0 if you are a consumer and 12 if you are a business;
        2. If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
        3. If you are a consumer and have just changed your mind about the product, see 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods, which will be charged at the price of recorded delivery; 
        4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see 8.6.
      2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
        1. we have told you about an upcoming change to the product or these terms which you do not agree to (see 6.2);
        2. 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;
        3. there is a risk that supply of the products may be significantly delayed because of events outside our control; 
        4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
        5. you have a legal right to end the contract because of something we have done wrong. 
      3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 
      4. When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of:
        1. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, for the avoidance of doubt, this includes the tamper seal on our vitamin products being broken for a reason not connected to improper shipment handling by DPD. 
        2. any products which become mixed inseparably with other items after their delivery.
      5. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
        1. The general rule for goods is that you have 14 days to return. if so you have 14 days’ after the day you (or someone you nominate) receives the goods, unless:
          1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
      6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund. 
How to end the contract with us (including if you are a consumer who has changed their mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  
      1. Phone or email. Call customer services on 02083978629 or email us at info@evernutri.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 
      2. Online. Complete the form on our website.
      3. By post. Print off the form and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. 
    2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 9a Mansfield Road, Chessington, Surrey UK, KT9 2PJ.
    3. Please call customer services on 02083978629 or email us at info@evernutri.com for a return label or to arrange collection.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 
    4. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or mis described;
      2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.   

  1. How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  2. When we may make a deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind: 
    1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Contact us for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 
  3. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then: 
    1. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see  9.2.
    2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
    3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 02083978629 or email us at info@evernutri.com for a return label or to arrange collection.
  4. Your rights in respect of defective products if you are a business
      1. If you are a business customer we warrant that on delivery, any products which are goods shall:
        1. conform in all material respects with their description and any relevant specification;
        2. be free from material defects in design, material and workmanship; 
        3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and;
        4. be fit for any purpose held out by us.
      2. Subject to se 12.3, if:
        1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in  12.1;
        2. we are given a reasonable opportunity of examining such product; and
        3. you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full. 
    1. We will not be liable for a product's failure to comply with the warranty in 12.1 if: 
      1. you make any further use of such product after giving a notice in accordance with 12.2(a);
      2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
      3. the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
      4. you alter or repair the product without our written consent; or
      5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    2. Except as provided in this 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in 12.1.
    3. These terms shall apply to any repaired or replacement products supplied by us under 12.2.
      Price and payment
        1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see 13.3 for what happens if we discover an error in the price of the product you order. 
        2. Payment rates are different for business customers and consumers. You may notice that there are different prices for business customers and consumers, this is usually because business customers must order in higher quantities. 
        3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
        4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
        5. When you must pay and how you must pay. When you must pay depends on what product you are buying. As all of our products are goods, you must pay for the products before we dispatch them. 
        6. We will not be held liable for any errors or omissions on the part of our third-party payment providers. We accept payments from Shopify and Stripe by using our website to pay for our products you also agree to their terms of use: https://www.shopify.com/legal/terms. Please see their terms of service for the expected service level as we cannot be held responsible for any contracts or agreements you undertake with a third-party payment provider. 
        7. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
        8. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount. 
        9. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  7. Our responsibility for loss or damage suffered by you if you are a consumer
        1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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.
        2. 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 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. 
        3. We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or resale purpose our liability to you will be limited as set out in 15.
  9. Our responsibility for loss or damage suffered by you if you are a business
      1. Nothing in these terms shall limit or exclude our liability for:
        1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
        2. fraud or fraudulent misrepresentation;
        3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
        4. defective products under the Consumer Protection Act 1987; and
        5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
      2. Except to the extent expressly stated in  12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
      3. Subject to 15.1:
        1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
        2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.