Terms and Conditions (January 2024)
1. SCOPE & APPLICATION
1.1 This Agreement ("Agreement") constitutes a binding contract enforceable by law. By accessing or purchasing Products or Services via https://calmerdays.co.uk (“Website”) you ("Customer," "you," or "your") expressly agree to the Conditions outlined herein.
1.2 The website is owned, and operated by Gofrit.biz ("Company," "we," "us," or "our"), and represents the brand Calmer Days CBD. Customer support is provided via email at support@calmerdays.co.uk.
1.3 We reserve the right to amend this Agreement at any time. Failure to object within one week of ordering our Products or Services constitutes acceptance.
1.4 Our privacy policy (“Privacy Policy”) is at https://calmerdays.co.uk/pages/privacy-policy.
2. BILLING AND SHIPPING
2.1 Full payment is required for all purchases, with prices subject to change. Authorization for a one-time credit card charge is given at the indicated price.
2.2 Products typically ship within 24 hours, arriving within 5-7 business days. We are not liable for delays due to external factors beyond our control.
3. REFUNDS AND RETURNS
3.1 Refund requests require prior contact with customer support. To qualify, return the product in good condition with unopened original packaging. Damaged products should be rejected upon delivery, or photographic evidence is required.
3.2 Refunds are not accepted for medical conditions, pregnancy, or potential pregnancy within 60 days. Consult a physician before ordering.
3.3 Returns incur a £7.95 restocking fee per item, with refunds offered up to 60 days from the purchase date.
4. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
4.1 Product availability is not guaranteed. An order constitutes an offer, and our acceptance occurs upon order dispatch and payment.
4.2 Automatic order acknowledgment is not a formal acceptance. Acceptance happens when we dispatch your order and accept payment.
4.3 Records of orders, acknowledgments, and acceptances are maintained, with copies available upon written request.
5. YOUR REPRESENTATIONS
5.1 You represent that provided information is accurate. Warranties extend to you as a user, not a reseller.
5.2 No warranty should be assumed without our express written consent.
6. PRICE AND TERMS OF PAYMENT
6.1 Prices are those at the time of dispatch. Prices may be revised before acceptance due to increased costs.
6.2 Prices are exclusive of shipping costs, VAT, and other applicable taxes.
6.3 You agree to pay specified costs. Payment is required before delivery.
6.4 Credit/debit cards are charged on dispatch. We may verify payments before acceptance.
6.5 If at any time you fail to pay any amount due on the relevant due date, or we are unable to collect payment due to a lack of funds or a cancelled credit card, we may, by notice, declare all amounts unpaid at that date to be immediately due and payable.
6.6 No counterclaim or set-off may be deducted from any payment due without our written consent. We may also act against you for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.
7. TERMINATION
7.1 If you commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against you or you take or suffer any similar action in consequence of debt or we have cause to believe that you are unable to pay your debts as they fall due; or you fail to pay any amount by the due date or breach any of these Conditions then, without prejudice to any of our other rights, we may:
(a) Stop any Products in transit; and/or
(b) Suspend further Product deliveries; and/or
(c) Stop or suspend provision of Services; and/or
(d) By written notice, terminate your order and all or any other contracts between Us and you.
8. DELIVERY AND RISK
8.1 Delivery times are estimates. Products are delivered to the specified address. Risk passes to you on delivery.
8.2 Refund requests for delayed products must be directed to customer service.
8.3 Failure to take delivery incurs additional costs. Short delivery claims must be made within 7 days.
8.4 Instalments constitute separate contracts. Risk passes on delivery.
8.5 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.
9. REJECTION, DAMAGE OR LOSS IN TRANSIT
9.1 Except as set out above and subject to any rights you have under applicable law that cannot be excluded or limited by these Conditions, we shall not be liable, and you shall not be entitled to reject Products or Services, except for:
(a) damage to or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) where notified to Us within 5 working days of receipt of the Products;
(b) defects in Products (not being defects caused by any act, neglect, or default on your part) notified in writing to Us within 30 days of receipt of the Products; and
(c) defective performance of Services (not being defects caused by any act, neglect, or default on your part) where notified in writing to Us within 5 days of such defect becoming apparent.
9.2 We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
9.3 Where there is a shortage or failure to deliver or any defect in or damage to a Product or Service, we may, at our option:
(a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or
(b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or
(c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (a) replace or repair the Product upon you returning the Product; or (b) refund the price paid in respect of any Products found to be damaged or defective.
10. LIABILITY LIMITATION
10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (i) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (ii) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
10.2 We have no liability for any loss, damage, or destruction to your tangible property that occurs during transit, except to the extent that (and solely to the extent that) such loss, damage, or destruction is the result of our negligence or a failure to provide adequate instructions for use of the Products.
10.3 Nothing in these Conditions shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or our employees, agents, or subcontractors; (b) fraud or fraudulent misrepresentation caused by us or our employees, agents, or subcontractors; or (c) 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.
11. THIRD PARTY RIGHTS
11.1 You indemnify us against liabilities resulting from Services performed to your specific requirements causing infringement of third-party proprietary rights.
11.2 We have no liability for Products infringing third-party rights.
12. WARRANTY "AS IS" IN GENERAL
12.1 Product information on the website is a general illustration and not a warranty.
12.2 Manufacturer's warranties apply. Defects due to unauthorized tampering, mistreatment, or failure to report defects within 30 days may void warranties.
12.3 Any technical data or advice provided by Us in relation to the Products is provided for informational purposes only, and we shall not be liable for any loss or damage suffered by you or any third party because of reliance on such data or advice.
13. CONSENTS, CUSTOMS DUTIES & EXPORT
13.1 Consent to receive communications from Calmer Days CBD is implied by commencing the order process, or requesting our training, and/or information.
13.2 Licenses or consents for product use are your responsibility. Compliance with export control laws is required.
13.3 You shall be responsible for complying with all applicable import and export control laws and regulations, including obtaining and maintaining all necessary licenses, permits, or other authorizations required for the Products.
13.4 Customs charges are your responsibility.
14. NOTICES
14.1 Notices are effective when delivered, posted, or sent by email.
15. PERSONAL INFORMATION AND YOUR PRIVACY
15.1 We observe data protection laws. Your Personal Data is processed in accordance with our Privacy Policy.
16. GENERAL
16.1 Assignment of rights is prohibited.
16.2 Circumstances beyond our control may hinder performance.
16.3 These Conditions supersede previous agreements.
16.4 No relaxation or waiver of terms without written consent.
16.5 Invalid provisions do not affect other jurisdictions.
16.6 Placing an order implies acceptance of these terms.
17. GOVERNING LAW
17.1 These Conditions are governed by UK Law, and you submit to the exclusive authority of UK Courts. Dispute resolution language is English.