- Definitions
In these terms and conditions the following expressions have the following meanings:
| "Spawell" |
Spawell trading as Spawell, whose trading address is at 89 Stragowna Road Kinawley County Fermanagh BT92 4HG. |
| "you" and "your" |
The person ordering goods under these terms and conditions |
| "us" |
Spawell and you together |
| "working day" |
Every day of a calendar year apart from weekends and statutory and public holidays |
| "goods" |
Neways range or nutritional supplements, personal care, cosmetics and household cleaning products |
- The Contract Between Us
Spawell must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received Spawell will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Spawell's acceptance of your order brings into existence a legally binding contract between us.
- Price & Payment
The prices payable for goods that you order are as set out in our Web site.
You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
- Withdrawal By You From The Contract
You may withdraw your order for goods at any time up to the end of the seventh working day after you make your order. This applies even if you have already received the goods. You do not need to give Spawell any reason for withdrawing your order nor will you have to pay any penalty.
The only circumstances in which you cannot withdraw your order are where you have opened the goods (or the ones in relation to which you want to withdraw) by breaking the seal on the packaging or removing them from the sealed package in which they were delivered.
To withdraw your order you must notify Spawell in writing at the address given above.
If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to Spawell at your own cost and risk. If you withdraw your order but Spawell has already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to Spawell at your own cost and risk as soon as possible.
Once you have notified Spawell that you are withdrawing your order, any sum debited to Spawell from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by Spawell in the condition they were in when delivered to you.
- Items Not In Stock
If Spawell has insufficient stock to deliver the goods ordered by you, any sum debited by Spawell from your credit card will be re-credited to your account and Spawell will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Spawell will not be obliged to offer any additional compensation for disappointment suffered.
- Delivery Of Goods
Spawell will deliver the goods ordered by you to the address you give Spawell for delivery at the time you make your order.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
Once goods have been delivered to you they will be held at your own risk and Spawell will not be liable for their loss or destruction.
- Liability
If the goods Spawell delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Spawell shall have no liability to you unless you notify Spawell in writing of the problem within 14 working days of the date on which your order was placed.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, Spawell shall have no liability to you unless you notify Spawell in writing of the problem within 40 days of the date on which your order was placed.
if you notify a problem to Spawell under this condition, Spawell's only obligation will be, at its option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way Spawell chooses.
Spawell will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Spawell under this condition and Spawell shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Spawell's liability to you for any death or personal injury resulting from its negligence.
- Entire Agreement
These terms and conditions, together with the current Spawell Web site prices, delivery details and Spawell contact details, set out the whole of our agreement relating to the supply of the goods to you by Spawell. These terms and conditions cannot be varied except in writing signed by a director of Spawell. In particular nothing said by any sales person on behalf of Spawell should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Spawell. Spawell shall have no liability for any such representation being untrue or misleading.
- Force Majeure
Spawell shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
- Headings
The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or the interpretation of any of the terms and conditions of this Agreement.
- Severability
In the event that any of these terms, conditions or provisions or those of any schedule or attachment hereto will be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Law
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
Your statutory rights are not affected.
