Terms and Conditions

Introduction

Terms and Conditions for use of the website www.nutriciahomeward.co.uk and governing the provision of the goods to you by Nutricia Limited.

Thank you for visiting the website www.nutriciahomeward.co.uk (referred to as the "Website"). By using the Website you agree to be legally bound by the following Terms and Conditions, which shall take effect upon first use of the Website.

This website is an initiative of NUTRICIA Limited, a company registered in England & Wales under company number 275552, whose registered office is at Newmarket Avenue, White Horse Business Park, Trowbridge, Wiltshire BA14 0XQ ("NUTRICIA"). NUTRICIA reserves to right to amend or change these Terms and Conditions at any time by posting changes on the Website. Any modifications shall take effect 3 days after posting on the Website. Please review these terms regularly to ensure you are aware of any changes made by NUTRICIA. Your continued use of the Website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Use of the websites

You must not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the Website content, except for your own personal, non-commercial use. Any other use of the Website content requires the prior written permission of NUTRICIA. We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.

You agree to use the Website only for lawful purposes and in a way that does not harm the interests or infringe the rights of NUTRICIA or any other third party or user. Prohibited activities include, without limitation, posting or uploading of files that contain viruses that may cause damages to NUTRICIA or any third party or user.

You can unsubscribe from this online stock checking service at any time by contacting us.

User name and password

On registering with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable.

Your name and password are the methods used by us to identify you and so are very important. You are responsible for all actions on the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.

You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.

Formation of agreement

An agreement for us to provide the goods to you is made on the basis of these terms and conditions when we accept your order for goods through the Website. (This agreement between us is referred to in these terms and conditions as this "Agreement".)

If you are under 18, by using the Website you confirm that you have the consent of your parent or legal guardian to be carrying out the transaction on the Website.

Orders & delivery

You must be a pre-existing customer of our Homeward service to be able to order goods through the Website. Orders shall be accepted at our sole discretion but are normally accepted if the goods are available, and you are based in the United Kingdom.

We will confirm receipt and acceptance of your order through our automatic screen confirmation of the order. We may also follow this up with a confirmatory e-mail.

Unless we specify otherwise, delivery dates will be every 28 days (on bank holidays delivery dates will usually be shorter than 28 days). However, all delivery dates are given only for general guidance and we will not be held liable in any way for late delivery of goods.

We shall attempt to deliver the goods to the address registered as your home address in your patient registration. It is important that you keep your information (including your home address) up to date at all times. We will not be liable for any failed delivery if you fail to update your information.

Warranty

We warrant that the goods shall meet their specification and shall be free from defects in materials and workmanship at the time of delivery provided that the instructions governing use of the goods have been followed.

Goods supplied are for your personal use only as against the prescription you have provided us with and must not be resold or provided to any other person (unless you are a registered healthcare professional with all relevant licences and qualifications). They must only be used under medical supervision.

Liability for goods

If you have a valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification in accordance with this agreement, we shall be entitled to replace the goods free of charge.

We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data you provide when accessing or ordering from the Website.

We shall not be liable to you in connection with this agreement in contract, tort (including negligence) or otherwise for any loss of profit, anticipated savings or data (in each case whether direct or indirect) or any indirect loss.

Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.

These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.

Disclaimers

Information

You shall use the information and data contained in the Website at your own risks and under your own responsibility. NUTRICIA gives no warranties or representations of any kind, whether express or implied (to the extent permitted by law), on the information, data or materials contained in the Website, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information and data contained in the Website are provided on an "as is" and "as available" basis. It has not been written to meet specific individual requirements and it is your sole responsibility to satisfy yourself prior to using this information in any way that it is suitable for your purposes. It is not in any way an invitation or recommendation to buy any products or services featured. Before making any decisions based on any information contained in the Website, you are strongly advised to refer to alternative independent sources of information to substantiate the basis for your decision and if appropriate consult your physician, dietitian or other qualified medical professional.

No medical advice

In particular, information and data contained in the Website are provided on an indicative basis, notably in relation to medical issues. You must always seek professional advice in relation to any area covered by the Website in respect of which you have any doubts whatsoever. The Website contains product information.

The products discussed on the Website are Foods for Special Medical Purposes and must be used under medical supervision.

The content and product detail provided by the Website is for information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional. The information, opinions, and recommendations presented on the Website are not intended to replace the care of your own physician, dietitian or other qualified medical professional.

Before you make any changes in the management of your diet or your child's diet you should always consult your physician or other qualified medical professionals.

Although we carefully review our content, NUTRICIA does not guarantee or take responsibility for the medical accuracy of documents published in the Website.

Access, third party sites and user data

We will endeavour to allow uninterrupted access to the Website, but NUTRICIA does not warrant that functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that it is free of viruses or bugs. Access to the Website may be suspended, restricted or terminated at any time. Whilst we make all reasonable attempts to exclude viruses and other harmful code from the Website, NUTRICIA cannot ensure such exclusion and no liability is accepted for viruses and other harmful code. Thus, you are recommended to take all appropriate safeguards before downloading information from or accessing the Website.

NUTRICIA also points towards third party sites on the Website. These links are established in cooperation with the concerned sites at a time when NUTRICIA found it fitting, considering the content and services they provided. NUTRICIA will not be held responsible of the content of these sites and of the use other users may make of them, nor does assume any liability for the content of other websites linked to the Website.

NUTRICIA accepts no liability for data supplied by any user for display on the Website and the limitations in the condition below (Limitations of liability) apply.

Limitation of liability

We use reasonable endeavours to ensure that data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.

Due to the nature of electronic transmission of data over the internet any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.

We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

Intellectual property

The names, images and logos identifying NUTRICIA or third parties and their products and services are subject to copyright, design rights and trade marks owned by or licensed to NUTRICIA and/or third parties. All rights are reserved. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of NUTRICIA, or any other third party.

Copyrights of the texts, images, the Website's design, and its selection and arrangement, and all software compilations, underlying source code and software (including applets) and other elements appearing on the Website are owned by NUTRICIA, or have been included with the consent of the respective owner. The reproduction of the web content, either in whole or in part, on any electronic support is formally forbidden unless expressly authorized by NUTRICIA.

The reproduction on paper of texts contained in the Website is authorised for educational purposes, subject to the fulfilment of the following conditions:

  • free diffusion;
  • respect of all the reproduced documents;
  • clear and readable attribution of the source as follows: "this document is originated by NUTRICIA website: https://nutriciahomeward.co.uk/. All rights deriving therefrom are reserved and strictly limited". The internet address must in all cases appear in such a reference.

For any other use, the express prior consent of NUTRICIA is required.

The trademarks and/or logos of NUTRICIA that appear on the Website are trademarks registered worldwide and protected by trademark laws. Any reproduction made without the prior and express authorization of NUTRICIA shall constitute counterfeit and is subject to criminal punishment. Other product and company names mentioned on the Website may be the trademarks or registered trademarks of their respective owners.

Data protection and privacy

NUTRICIA commitments in relation to the safeguard of your privacy are defined in our Privacy Policy, which forms an integral and indivisible part of these Terms & Conditions.

Cookies

A cookie is a small text file written to your hard drive that contains information about you. Cookies do not contain any personal information about users. Once you close your browser, the cookie simply terminates. We use cookies so that we can personalise your experience of the Website. If you set up your browser to reject the cookie, you may still use the Website. Some of our business partners use cookies on our site. We have no access to or control over these cookies. For further information on our cookie policy, please click here.

Law governing these terms & conditions


These Terms and Conditions and any disputes arising under or related to these Terms and Conditions and/or the privacy policy of the Website shall be governed by and construed in accordance with English law. Any such dispute shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.

Copyrights

All the Website's designs, texts, graphics, the selection and arrangement thereof are copyright © 2018 NUTRICIA. All rights reserved.

General

If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

NUTRICIA may terminate your access to the Website and the services within it on not less than 3 days' written notice to you.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

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