These Terms and Conditions (these Terms) apply to the supply of all products which are advertised and sold on Our Website www.anpariodirect.co.uk (including our products and those of carefully selected brand partners/suppliers) (the Products) and are between Anpario Direct, a trading division of Anpario plc, (We/Us/Our) and the person or organisation purchasing the Products (You/Your).
These Terms cover, buyers who are consumers using the Products themselves and are not intended to cover orders made by those who are not consumers and/or who use the Products for business purposes other than their own use or otherwise want to commercialise the Products (e.g. wholesalers, distributors or other resellers), or where manufacturer’s use or incorporate the Products in their own products for resale. Please contact us if you are not a consumer and want to purchase, resell or use the Products in this way, or if you want to make a volume order or a bulk buy where trade discounts may be available. Please note any order you make for the Products on this basis will be covered by Anpario PLC General Conditions of Sale.
By placing an order for the Products on Our Website, You, agree that these Terms apply and contain the entire legal agreement between You and Us and supersede and replace any prior written or oral agreements, representations or understandings between us. We both acknowledge that, we have not relied on and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.
IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS, THEN DO NOT PLACE AN ORDER FOR THE PRODUCTS.
The Website has a product page for each Product which contains a detailed description and specification(s) for each of the Products, which includes important information about the Products; including key benefits and instructions for the use, handling and storage of the Products. We encourage You to read this information carefully and that contained on the Product labels.
We warrant to You that We have the right to sell and pass title to the Products and that, the Products are:
of satisfactory quality;
fit for purpose; and
by reference to the descriptions, specification(s) on the Website and on the Product labels. Further information about the Products and Safety Data Sheets (SDS) are available on request.
PLEASE NOTE THE FOLLOWING PROVISIONS, THAT:
whilst We try to ensure that the information on the Website is accurate, complete and up to date, save as set out in these Terms, We give no representation, condition, warranty or guarantee in this regard;
save as set out in the descriptions, specifications and Product Labels, We do not give any representation, condition, warranty or guarantee that the Products are fit for purpose unless You make us specifically aware of Your requirements and We accept Your order on this basis;
Our Products are manufactured in the United Kingdom in a controlled environment to FEMAS (Feed Materials Assurance Scheme) & UFAS (Universal Feed Assurance Scheme) production standards. We take care in our manufacturing process to ensure product quality and the Products are safe and stable if used, handled and stored in accordance with the descriptions, specification(s) and Product Labels, however, if You do not comply with these instructions the Products may deteriorate, become unstable and may be unsafe and/or the key benefits may not be realised;
the description, specification(s) and Product Labels are correct at the time of publication however, We reserve the right (without notice) to make changes to the Products, which do not materially affect the safety, quality and/or key benefits, of the Products and to change, modify or otherwise correct the descriptions, specifications(s) and Product Labels;
whilst we try to hold sufficient stocks of Products to fulfil anticipated demand, We do not guarantee that a Product will always be available and reserve the right (without notice) to withdraw Products from sale; and,
the current Price for the Products is as listed on the Website, but We reserve the right to change the Price without notice (though not in respect of Products where We have already accepted an order).
Ordering, Payment and Delivery of Products
You may order Products by following the ordering procedure on the Website and complete the purchase using Our Checkout process. You may complete an order for the Products either by signing in as a guest or after setting up an online account. As part of this process, We will collect certain information from You including Personal Data (as defined in the Data Protection Act 2018 and the General Data Protective Regulations 2016/679). We will also collect information about how you access, navigate and use Our Website and may ask for consent to market to You in the future. The use, storage and processing of such Personal Data (and other information and data which we collect) is subject to the terms of our Data Protection Policy and Our Cookies Policy. Whilst on Our Website you will also be subject to Our Website Terms and Conditions.
If we accept Your order, we will do so by email and also send You a copy of the invoice for the relevant Products by e-mail. We will also notify You by email once the Products are ready for despatch.
The price for the Products is the price listed on the Website at the time that We accept the order. The price includes VAT (if applicable) and the delivery option that you have selected to the address that You provide as part of the Checkout process. It is a condition of Our acceptance of any order, that you pay for the Products in full prior to despatch, by one of our approved payment methods; which include Credit Cards and may in the future include PayPal.
We use a third-party payment provider (currently Opayo) to process payments and as part of the payment process You may be directed to their website (and/or to the site of Your credit provider). We do not hold any of Your credit or payment information and the use by You of the payment/credit provider’s services, their use of your data and information and their websites, are subject to their terms and condition of use, which We are not responsible for.
We use third-party logistic providers and freight forwarders (including Parcelhub and Hallam Express) to deliver the Products and they may contact and update You about the delivery using details which You have provided to Us and which we supply to them. All deliveries are subject to our Delivery Terms. We aim to supply and deliver the Products in accordance with the delivery option that you have selected, however, if we are unable to supply any order or deliver the Products within this time, then We/they will contact you as soon as possible and if we can’t arrange an alternative time for supply or delivery, then either You or We can cancel the order and We will refund both the price for the Products and the delivery charges for the delivery option which you have selected. PLEASE NOTE All delivery times are an estimate and that time is not of the essence (and will not be made of the essence by notice) in respect of Our obligations under these Terms including in respect of delivery, unless You have specifically notified Us and We have accepted an order on this basis.
You may cancel an order before despatch or at any time within 14 days of delivery and if You wish to do so please contact Us as soon as possible. If you cancel an order, We may ask You to return the Products to Us and/or We may arrange for collection (if the Products are too big to post). Any cancellation/returns will be subject to Our Returns Policy. However, because of our production standards/process (and the possible risk of contamination), We may ask you to dispose of the Products. If We ask you to return the Products, You may be responsible for the costs of return – please see Our Returns Policy for details. The Products must be unopened, unused and in a reasonable condition (i.e. in a condition which is suitable for resale by Us). PLEASE NOTE that unless the Products are supplied in breach of these Terms, You cannot cancel an order, if You have broken the seal, tampered with or used, the Products or failed to follow instructions as to use, handling or storage.
We hope that You are fully satisfied with Our Products, but please tell Us immediately if any problems or issues have arisen or if You have any questions, queries or require further information about Us or Our Products. Please see our Contact Page for details.
All intellectual property rights (including Trade Marks) (IPR) in the Products belong to Us. Nothing in these Terms gives you any rights in our intellectual property nor to otherwise commercialise Our IPR.
If you are a consumer, these Terms (the Delivery Terms and Our Returns Policy) do not affect any statutory rights that You may have including under the Consumer Contracts Regulations 2013 or the Consumer Rights Act 2015 and any successor, replacement, modifying or amending legislation.
PLEASE NOTE: nothing in these Terms excludes or limits liability where that liability cannot be limited or excluded at law (e.g. death or personal injury caused by negligence, fraud or fraudulent misrepresentation or for consumers under the Consumer Contracts Regulations 2013 or the Consumer Rights Act 2015), but subject always to this We will not be liable to You for:
Your acts or omissions (e.g. failure to comply with the instructions for use, handling or storage (including Product deterioration or instability) set out on the Product labels and in the descriptions, specification(s), SDS and Product Labels);
any delays or failures in our performance which result from circumstances beyond Our reasonable control (e.g. force majeure);
loss of profits, loss of sales or business, loss of production/ yield, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill or reputation; or,
any indirect, special, consequential or economic loss.
PLEASE NOTE: subject to Clause 4.3 and 4.4, Our total liability to You for any and all claims, causes of action or proceedings, regardless of how or where caused or arising (including breach of contract or negligence), under or in connection with our appointment and these Terms shall be limited to the total price (including delivery costs where applicable) for the Products that are the subject of any claim, causes of action or proceedings. Your only contractual and tortious remedy for Our failure to fulfil any order or deliver the Products is a refund the total price (including delivery costs where applicable).
For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms are not intended to, and do not, give any person which is not a Party to it any right to enforce any of its provisions. We may vary or rescind these terms without the written consent of any person other than You or Us.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
The validity, construction and performance of these Terms (including the Delivery Terms and the Returns Policy) and any contractual and non-contractual rights), Our Website and the advertisement and sale of Our Products is/are subject to English law and the exclusive jurisdiction of the English courts.