TERMS & CONDITIONS
References in these Terms and Conditions to “we”, “us” and “Kula Nutrition” are to Prime International t/a Kula Nutrition, 24 Nicholas Street, Chester, CH1 2AU.
1. ONLINE SHOPPING
1.1 Every care has been taken to ensure that the photographic representation, description and specification of each product are as accurate as possible. However, a slight variation in the actual goods may occur. Before you place an order you should read these terms and conditions carefully as they contain important information about your order.
1.2 By submitting an order to us by telephone or on our website you represent and warrant that the payment details provided on your order are valid and correct. When your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.
1.3 Visitors under the age of 18 should not register with this website or submit any information to us.
2. ACCEPTANCE OF YOUR ORDER
2.1 You can place an order in one of two easy ways; online via our website and through our secure third party payment provider PayPal, or order over the telephone with our customer services team.
2.2 Non-acceptance of an order may be a result of one of the following:
2.2.1 The product you ordered being out of stock or discontinued (also see section 7 of these terms & conditions – Product Availability)
2.2.2 Our failure to obtain a valid payment authorisation and or full payment for goods ordered.
2.2.3 We identify an incorrect pricing or product description error.
2.2.4 Failure to meet our Terms and Conditions & eligibility to order.
2.2.5 Failure to meet our accepted Payment Methods criteria.
2.3 Ordering Online
2.3.1 Shortly after you have placed and confirmed an order with us online you will be directed to our thank you for ordering page and an email will be sent to you acknowledging the exact details of your order. This acknowledgement email is not an order confirmation or order acceptance from Kula Nutrition. Should you not receive an e-mailed order acknowledgement within 1 working days, please email our Customer Services Team on firstname.lastname@example.org
2.3.2 Acceptance of an order placed by you online and the completion of the contract between you and Kula Nutrition will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out in these terms and conditions below.
2.4 Ordering by Telephone
2.4.1 Unfortunately we do not currently accept telephone orders.
3. ORDER CANCELLATION
3.1 If you wish to cancel your order, please contact our Customer Services Team in writing by:
3.1.1 Emailing us and forwarding your order acknowledgement email that we sent you to
email@example.com stating your intention to cancel the order.
3.1.2 Writing to us at Prime International t/a Kula Nutrition, 24 Nicholas Street, Chester, CH1 2AU stating your unique order reference and intention to cancel the order.
3.2 It may not always be possible to stop an order from being dispatched, as we endeavour to process orders immediately. If your order has already been dispatched please return the order as per the instructions within our Returns Policy within section 4 of these terms and conditions.
3.3 In compliance with ‘Distance Selling Regulations’, the customer can cancel their order within 14 days (starting from the day that they receive their goods).
4.1 Returns Policy
4.1.1 Kula Nutrition offer a 100% no quibble 60 days returns policy for goods purchased on our website or over the telephone.
4.1.2 Simply contact us in writing (this includes email or letter) within 60 days of the receipt of goods. Return the goods to us within another 14 days of contacting us, and we will process a full refund or replacement for the returned part/parts.
4.1.3 Unfortunately the following items may not be returned:
184.108.40.206 Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
4.1.4 Please ensure you return the goods to us in their original packaging. Your statutory rights as a consumer will not be affected.
4.1.5 Refunds will be made for the original purchase amount against the original form of tender. Free returns are only available for goods dispatched to the UK Mainland. Please note that in all other cases postage or other return costs will be the customer’s responsibility except in the case of damaged, faulty or incorrectly supplied goods.
4.1.6 When returning goods on which you have received a discount or special offer, that discount/offer will no longer apply if you fall below the discount/offer threshold and the refund will be adjusted accordingly. Additionally any free promotional gift issued with an order must also be returned if you are returning those goods.
4.1.7 None of the above terms affect your statutory rights or your rights under the Consumer Protection (Distance Selling) Regulations when goods are faulty or incorrectly supplied. In the unlikely event of this being the case please return the goods to us.
4.2 Returns Procedure
4.2.2 We strongly recommend that you retain your proof of postage receipt from the Post Office until you have received a refund for your returned goods.
4.2.3 To return your purchase(s) send your package to our returns address below:
Prime International Limited t/a Kula Nutrition, Returns Department, 24 Nicholas Street, Chester, CH1 2AU.
4.2.4 Returns refunds will be issued within 14 days of the receipt of goods.
If you would like to discuss the return of any item, or have any further questions about our returns policy, please contact us by e-mail by forwarding your original order acknowledgement and question to firstname.lastname@example.org
5. PAYMENT METHODS
5.1 Payment for orders via our third party payment provider PayPal may be converted from £ Sterling to the your local currency (see 5.3).
5.2 We accept payment via PayPal and Kula Nutrition Gift Cards.
5.3 If you choose to pay for an item using a payment card with a foreign currency denominated account, the account payment will still be taken in £ sterling at the conversion rate applied by the relevant payment scheme at the time of processing your order.
5.5 Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
5.6 Please note that Kula Nutrition does not accept cash in any circumstances. Kula Nutrition Gift Vouchers are only redeemable online. Kula Nutrition Gift vouchers will not be accepted as payment for orders over the telephone.
5.7 When an order is placed online payment for your order will be taken at the point of you processing payment on our website. When placing an order over the telephone, payment will be taken by our customer services team at the point of ordering through a third party payment provider.
If you have any further queries, please contact your bank/card issuer.
6. PRICING POLICY
6.1 Prices may change and offers may be withdrawn at any time.
6.2 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
7. PRODUCT AVAILABILITY
Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances an item is no longer available, we will not substitute an item but will contact you and cancel the item from the order.
8.1 Delivery Timing
8.1.1 Please note Kula Nutrition cannot guarantee specific and up to delivery dates. Please allow 3-5 working days for delivery within the UK and Channel Islands, and up to 7-10 working days for International delivery unless alternative dates are stated. This is subject to goods being in stock and prompt payment and authorisation.
8.2 UK and Channel Islands Delivery
The following delivery charges apply to UK and Channel Islands addresses:
8.2.1 Royal Mail 24h Tracked Delivery (up to 1-3 working days) – £3.95
8.2.2 Royal Mail 48h Delivery – £2.95
Free UK Delivery
Royal Mail 24h Tracked delivery is free within the UK and Channel Islands for all orders over the value of £29.00.
8.3 International Delivery
8.3.1 The following delivery charges apply to EUROPE
£21.95 per order.
(Usually despatched within 24 working hours but please allow up to 7-10 working days for delivery).
8.3.2 The following delivery charges apply to USA & CANADA
£21.95 per order.
(Usually despatched within 24 working hours but please allow up to 7-10 working days for delivery).
8.3.3 The following delivery charges apply to THE REST OF THE WORLD.
£21.95 per order.
(Usually despatched within 24 working hours but please allow up to 7-10 working days for delivery).
All International orders over 1kg may be subject to an additional delivery charge.
If in doubt please email
8.3.4 We deliver our online products to countries worldwide.
8.3.5 We reserve the right to withdraw Channel Islands and International delivery at anytime.
8.3.6 We cannot be held accountable for delays in customs clearance.
8.3.7 Delivery charges for all exported items are based on calculated volumetric weight and delivery destination. This will be quoted during the checkout process prior to your order being charged.
8.3.8 Import Duty
Kula Nutrition cannot be held responsible should local customs authorities wish to confiscate any particular item contained within your delivery, or charge any import duty on such items. The recipient is responsible for paying the duty.
8.4 Costs for Undelivered Items
If any undelivered items are returned to us due to non-collection from the post office, in all cases the postage costs to re-send the items must be re-paid to us before we will dispatch the items again.
9 Kula Nutrition GIFT CARD GENERAL CONDITIONS
9.1 The conditions of use as set out in these Terms and Conditions and any condition on the reverse of the Kula Nutrition Gift Card itself shall apply for the Kula Nutrition Gift Card. Please read these terms and conditions of use in full before purchasing and redeeming the Kula Nutrition Gift Card.
9.2 About Kula Nutrition Gift Cards
Kula Nutrition Gift Cards look like credit cards but act like Gift Vouchers and are available for purchase online starting from £20 denominations up to the value of £100 maximum. Restrictions are in place for the volume of Gift Cards available for purchase online these will change from time to time.
9.3.1 Price of the Gift Card will be treated as another form of tender towards future online purchases.
9.3.2 All Kula Nutrition Gift Cards ordered from this website or by telephone must be paid for in £ sterling using the permitted methods detailed in section 5 (Payment Methods). Please also consider our Pricing Policy at section 6.
9.4 Redeeming Kula Nutrition Gift Cards
9.4.1 The Kula Nutrition Gift Card is redeemable in full or part payment for goods/ services sold within Kula Nutrition’s online website.
9.4.2 Kula Nutrition Gift Cards cannot be redeemed via telephone.
9.4.3 The balance on an Kula Nutrition Gift Card may be used until either the balance is fully depleted or the Kula Nutrition Gift Card expires (whichever occurs sooner).
9.4.4 To redeem your Gift Card, you will need to enter your Gift Card redemption code found on the card during the payment/checkout process.
If there is an insufficient balance on the Gift Card to cover the order total, you may pay the remaining balance due using a credit/debit card.
Please note that the total balance of a Gift Card will be used before a second payment method is requested in a single order.
9.4.5 Kula Nutrition Gift Cards will expire after 12 consecutive months of non-use. After this date you can obtain a replacement card for the remaining value by contacting our customer services team on email@example.com and returning the old Kula Nutrition Gift Card.
9.4.6 You may check the expiry date and balance of your Kula Nutrition Gift Card by contacting our customer services team on firstname.lastname@example.org
9.4.7 A maximum card balance of £1oo applies to all Kula Nutrition Gift Cards.
9.4.8 Kula Nutrition Gift Cards will be dispatched separately from other items on your order.
9.5 Lost Or Stolen Gift Cards
Once issued Kula Nutrition is not responsible for lost, stolen or damaged Kula Nutrition Gift Cards. The Kula Nutrition Gift Card cannot be replaced if lost, stolen or damaged.
9.6.1 Kula Nutrition Gift Cards are non-refundable.
9.6.2 You cannot transfer the balance of an Kula Nutrition Gift Card onto another Kula Nutrition Gift Card.
9.6.3 Items purchased online using an Kula Nutrition Gift Card will be refunded in accordance with our standard Returns policy (please see section 4). Any monies which are due to be refunded will be issued onto a new Kula Nutrition Gift Card. The remaining balanced on an Kula Nutrition Gift Card may not be transferred to a cash equivalent.
9.7 These conditions of use may be altered from time to time where we consider it reasonable and necessary to do so. The current conditions of use will be available at all times on our website.
10. OUR WEBSITE
10.1 We may change the Kula Nutrition website and correct or update information (including product information) on it or change these terms and conditions at any time without notice. With this in mind we recommend that you frequently check these terms and conditions for any amendments and changes.
10.2 Except in relation to the description of products and services available for order from our website, we do no
t guarantee and are not responsible for the accuracy of any information provided on the website.
10.3 You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:
10.3.1 Retrieve and display the content of the website on a screen;
10.3.2 Print copies of the content for your own personal use; and
10.3.3 Store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).
10.4 You may not use this website or its contents:
10.4.1 For commercial purposes;
10.4.2 For resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of this website (eg. item listings, descriptions, prices);
10.4.3 To download (other than page caching) or modify the website, or any portion of it;
10.4.4 To interfere with or disrupt any network or web site connected to this website or gain unauthorised access to other computer systems;
10.4.5 To interfere with the enjoyment or use of the website by any other person;
10.4.6 For any purpose which is unlawful.
10.5 In addition and in relation to this website, you may not use any:
10.5.1 Data mining, robots, or similar data gathering and extraction tools;
10.5.2 Framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the website;
10.5.3 Meta tags or any other “hidden text” which uses our name or trademarks.
10.6 Using this website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
10.7 We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided “as is”. Accessing the website is entirely at your own risk.
10.8 You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
10.9 This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trademarks, database rights and other intellectual property rights.
10.10 This website may include links to third party web sites (“Third Party Site(s)”) from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of any Third Party Sites accessible from this website.
11. LIABILITY & INDEMNITY
11.1 We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website or through our Order line, whether or not accepted by us).
11.2 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses. This includes legal fees, arising out of any breach of these Terms and Conditions by you.
11.3 Important Please Note:
We recommend that you consult with your Doctor before starting any physical exercise, dietary or supplement program.
Any information and products obtained from and or given from this web site / organisation should not be taken as medical advice for any reason. The information is not intended to replace advice given by your Doctor. No claim or opinion is intended to be, nor should it be construed to be medical advice.
The information and products on our web sites are not intended to diagnose, treat or cure any disease and is not a guide for self diagnosis and/or treatment.
We do not accept responsibility for the use or misuse of the information and products.
Only purchase from us if you agree to these Terms & Conditions
11.4 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
12 COMMUNICATION & PRIVACY
12.2 To fulfill our obligations to you under these Terms and Conditions we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.
The website and telephone Order line are controlled and operated within the UK. These Terms and Conditions and all matters connected with any order you place with Kula Nutrition are governed by English law. You agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or your use of customer services or any order you place on the website, post, fax or through our Customer Services order line.
14.1 We may change these Terms and Conditions at any time. If any of these terms and conditions is invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
14.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
14.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
15 CUSTOMER SERVICES
You can contact the Kula Nutrition Customer Services Team in the event of any queries on:
16 VIP PRIVILEGE CARD
16.1 Kula Nutrition’s VIP Privilege Cards relate to the following:
16.1.1 Receiving a Price Discount (Shown as a Group Discount in the Checkout Area).
16.2 VIP Privilege Cards can only be redeemed at www.kulanutrition.com on purchases made in GBP sterling.
16.3 VIP Privilege Cards do not have an expiry date but Kula Nutrition reserves the right to end any VIP Privilege Card promotion at any time without notice.
16.4 Kula Nutrition reserves the right to extend any VIP Privilege Card promotion.
16.5 Only one VIP Privilege Card can be redeemed against a purchase in any one transaction.
16.6 A VIP Privilege Card discount may not be given in conjunction with some Special Offers or Voucher Discount Codes. For example where items have already been discounted.
16.7 VIP Privilege Card Price Discounts.
16.7.1 Price Discounts are not refundable for cash.
16.7.2 You will not be able to roll forward a VIP Privilege Card discount.
16.7.3 Discounts will only be available on order values over the amount stated in the offer (if any).
16.8 Only one VIP Privilege Card can be used per person.
16.9 VIP Privilege Cards are non-returnable.
16.10 VIP Privilege Card refunds are not transferable and have no cash redemption value.
16.11 VIP Privilege Cards are not transferable to other Kula Nutrition account holders and have no cash redemption value.
16.12 VIP Privilege Cards are issued free of charge, and a customer must have a valid account registered in their own name, and requested a VIP Privilege Card through our website form to be able to receive one.
16.13 Kula Nutrition reserves the right to change the amount of discount given to all VIP Privilege Card holders. This amount is currently set at 10% discount (Nov 2010).
16.14 Kula Nutrition reserve the right to immediately suspend and cancel a purchase if it believes the customer is in breach of any of these terms and conditions.
16.15 Kula Nutrition reserve the right to immediately cancel/revoke a VIP Privilege Card if it believes the customer is in breach of any of these terms and conditions.
General Competition Terms and Conditions
The following terms and conditions to apply to competitions and prize draws unless otherwise stated:
17.1 Prize draws and competitions are not open to employees (and their immediate families) of Kula Nutrition, their agents, or anyone connected with the competition or prize draw in question.
17.2 Only one entry per person. Collective and/or proxy entries are not allowed. Where applicable complete our website competition form.
17.3 All prizes are subject to availability and Kula Nutrition reserves the right to exchange them for items of equal or greater value.
17.4 Prizes are non-transferable and cannot be exchanged for cash.
17.5 An independent person will supervise the competitions and prize draws. In respect of prize draws, the winner(s) will be drawn at random from all valid entries received by the closing date.
17.6 No correspondence will be entered into regarding the selection of the winner(s).
17.7 To request the name and county of the winner(s), please send a stamped self-addressed envelope to Prime International Limited t/a Kula Nutrition, Competition Winners, Unit 26, City Business Park, Somerset Place, Plymouth, Devon, PL3 4BB after the competition date for selecting the winner.
17.8 The winner(s) agree to have their name(s) published as winner(s) and to take part in any publicity arranged by or on behalf of Kula Nutrition in connection with the applicable prize draw or competition.
17.9 Prizes unclaimed after 30 days will be deemed to have been forfeited and Kula Nutrition reserves the right to offer the prize to another entrant after this period.
17.10 The prize draws and competitions are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
17.11 By entering a prize draw or competition, each entrant agrees to be bound by these terms and conditions
18 VOUCHER DISCOUNT CODES
18.1 Kula Nutrition voucher discount codes may relate to the following:
18.1.1 Receiving a Price Discount.
18.1.2 Receiving a Free Product.
18.1.3 Receiving Free Delivery.
18.1.4 Or a combination of the above.
18.2 Voucher Discount Codes can be redeemed at www.kulanutrition.com on purchases made in GBP sterling.
18.3 Voucher Discount Codes are only valid until their expiry date.
18.4 Kula Nutrition reserves the right to end any Voucher Discount Code promotion at any time including before the advertised expiry date without notice.
18.4.1 Kula Nutrition reserves the right to extend any Voucher Discount Code promotion time including after the advertised expiry date without notice.
18.5 Only one Voucher Discount Code can be redeemed against a purchase in any one transaction.
18.6 A Voucher Discount Code may not be used in conjunction with any other offer. E.g. where an item has already been discounted.
18.7 Voucher Discount Codes for Price Discounts
18.7.1 Price Discounts are not refundable for cash
18.7.2 For money off discounts you must have items in the shopping cart totaling more than the amount of the discount, and meet the minimum spend for the discount to apply where applicable.
18.7.3 You will not be able to roll forward or use again any of the unused part of a voucher discount code.
4 Discounts will only be available on order values over the amount stated in the offer (if any).
18.8 Voucher Discount Codes for FREE products.
18.8.1 Kula Nutrition reserves the right to substitute an equivalent product without notice. All free products are subject to availability.
18.9 Voucher Discount Codes for FREE delivery.
18.9.1 Free delivery offers only apply to the UK unless otherwise specified.
18.10 Only one Voucher Discount Code can be used per person.
18.11 Voucher Discount Codes are non-returnable.
18.12 Voucher Discount Code refunds are not transferable and have no cash redemption value.
18.13 Kula Nutrition reserve the right to immediately suspend and cancel a purchase if it believes the customer is in breach of any of these terms and conditions.
19 OUR CONTACT DETAILS
Prime International Limited t/a Kula Nutrition, 24 Nicholas Street, Chester, CH1 2AU.