Terms and Conditions
This document (together with the documents referred to on it) tells you the terms and conditions on which you may use our website www.cbdsystem.com (“the Site”) and the terms on which we supply any of the goods and services (“Goods” and “Services”) that you order from us, through the Site or by any other means. Please read these terms and conditions carefully. By using the Site you agree to abide by the terms that relate to the use of the Site so if you do not agree to them, please do not use the Site. When ordering Goods and/or Services via the Site you will be asked to click a button marked "I Accept" to demonstrate that you accept these terms and conditions in relation to your order. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods or Services from the Site.
1. INFORMATION ABOUT US
1.1 We operate the Site. We are CBD Eminent Limited, a company registered in England and Wales under company number 06984205 and with our registered office at 98 Finsbury Park Avenue, London, N4 1DS. We are not currently VAT registered.
2. ACCESSING THE SITE
2.1 By agreeing to these terms and conditions you confirm that you are at least 16 years old.
2.2 You may access the Site but we reserve the right to withdraw or amend the service that we provide on the Site without notice. We may also suspend access to the Site or close it indefinitely at any time.
2.3 We will not be liable if for any reason the Site is unavailable at any time or for any period.
2.4 We may restrict access to the Site or some parts of it to users who have registered with us.
2.5 You must treat any password or user identification code that we provide to you as confidential and must not disclose it to anyone else.
2.6 When using the Site, you must comply with the provisions of our acceptable use policy
3.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it.
3.2 You must not use any part of the materials on the Site for commercial purposes without our prior written approval or that of our licensors.
4. RELIANCE ON INFORMATION POSTED
4.1 Before starting a health and fitness regime you should consult a doctor and take professional medical advice. You acknowledge and accept that whilst we are experienced in the field of health and fitness, we are not doctors and that we are not giving medical guidance.
4.2 Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Site, or by anyone who may be informed of any of its contents.
4.3 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy and any of the material on the Site may be out of date at any given time. We are under no obligation to update the Site or its contents at any time.
4.4 Nothing in this agreement is intended to detract from your rights (if any) as a consumer.
5. AVAILABILITY OF GOODS AND SERVICES
5.1 By placing an order through the Site you warrant that you are legally capable of entering into binding contracts [and meet any additional conditions specified in the product or service description such as age].
6. SERVICES (INCLUDING DOWNLOADABLE DOCUMENTS)
6.1 After placing an order through the Site, you will receive an email from us acknowledging that we have received it. This does not mean that your order has been accepted, only that it has been received by us.
6.2 Ordering Services – If we do accept your order for Services we will send you an email confirming your order (“Confirmation”) and specifying when the Services will be provided and setting out other relevant information. The contract between us (“Contract”) in relation to the Services specified in the Confirmation will come into effect.
6.3 Subject to clause 6.4 below, if you are buying Services as a consumer (rather than as a business), you may cancel the Contract at any time within seven working days of the date of the Confirmation. If you cancel the Contract within this time you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in clause 8 below). However, if you start to use the Services during this seven day period then you give up your right to cancel the Services.
6.4 Where you are buying downloadable documents from us, the Service that you have asked us to provide is completed at the time that you download the document. This means that you waive the right to cancel the Contract as a consumer under the Distance Selling Regulations once you have downloaded a downloadable document from our website.
6.5 If we are unable to provide the Services requested by you, we will notify you and you have the option either to cancel your order or to wait until the Services are available again.
7.1 After placing an order through the Site, you will receive an email from us acknowledging that we have received it. This does not mean that your order has been accepted, only that it has been received by us.
7.2 If we do accept your order for Goods we will send you an email confirming that the Goods have been dispatched (“Confirmation”) and the contract between us (“Contract”) will come into effect in relation to the Goods set out in the Confirmation. If you have ordered more than one item of Goods we may supply these separately to you under different contracts and separate deliveries.
7.3 If you are buying Goods as a consumer (rather than as a business), you may cancel the Contract at any time within seven working days, beginning on the day after you received the Goods. If you cancel the Contract within this time you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 8 below). To cancel a Contract, you must inform us in writing. You must also return the Goods to us. You can arrange to return them to us, at your own cost, or we can collect them. Please note that if we collect them then a charge will be payable to cover the cost of this. You must take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.4 We will use reasonable endeavours to ensure that the Goods that you order are delivered by the delivery date set out in the Confirmation or, if no delivery date is specified, then within reasonable time from the date of the Confirmation. Time of delivery shall not be of the essence.
7.5 If we are out of stock of any of the Goods that you have ordered, we will notify you and you have the option either to cancel your order or to wait until the Goods are back in stock.
7.6 The Goods will be your responsibility from the time of delivery. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any delivery charges.
8. PRICE AND PAYMENT
8.1 The price of the Goods and Services (and any applicable our delivery charges) will be as quoted on the Site from time to time, except in cases of obvious error.
8.2 Prices and applicable delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
8.3 The Site contains numerous Goods and Services and it is possible that, despite our best efforts, some of the Goods or Services listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that,
where the correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you or confirming your order for Services. If the correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods or providing the Services, or reject your order and notify you that we are rejecting it.
8.4 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Goods or Services to you at the incorrect (lower) price.
8.5 We accept payment with most credit and debit cards.
8.6 Where you are ordering Goods, we will charge the credit or debit card provided when we dispatch your order. Where you are ordering Services, we will charge the credit or debit card provided following acceptance of your order.
9. OUR REFUNDS POLICY
9.1 If you return Goods to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.3 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us and if you require us to arrange for collection there may be a charge payable for this.
(b) because you consider that the Goods are defective, we will examine the returned Goods and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of any defective Good in full, any applicable delivery charges and any reasonable costs that you incur in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 Nothing in these terms and conditions is intended to detract from your rights as a consumer.
10.1 We warrant to you that any Goods purchased from us through the Site will, on delivery [and for the following  months], conform [in all material respects] with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10.2 We warrant that any Services purchased from us through the Site will be provide in accordance with these terms and conditions and will conform in all material respect to the description set out on the Site.
11. OUR LIABILITY
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products to which the liability relates.
11.2 We shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) of data (whether direct or indirect) or any other indirect or consequential losses whether the arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it.
11.3 Nothing in this Agreement shall limit or exclude any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.
12. IMPORT DUTY
12.1 If you order Goods from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
All notices given by you to us must be given to CBD System at Info@CbdSystem.com. We may give notice to you at either the email or postal address that you provide to us when placing an order or by posting the information on the Site. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. FORCE MAJEURE
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by a Force Majeure Event.
15.2 A Force Majeure Event includes, but is not limited to means acts, events, omissions or accidents beyond our reasonable control, including but not limited to acts of God, extreme adverse weather conditions or natural disaster, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, nuclear, chemical or biological contamination or sonic boom, compliance with any law, regulation or directive, fire, explosion or accidental damage, failure of plant machinery, machinery, computers or vehicles, any labour dispute, including (but not limited to) strikes, industrial action or lockouts, non-performance by suppliers or subcontractors and interruption or failure of utility or transport service
16.1 A waiver of any right or remedy under this Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
16.2 No single or partial exercise of any right or remedy provided under this Contract or by law shall preclude or restrict the further exercise of any such right or remedy.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 This agreement and any documents referred to in it constitute the entire agreement between the parties and supersedes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this agreement.
18.2 Each party acknowledges that, in entering into this agreement, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that its only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) shall be for breach of contract.
18.3 Nothing in this clause shall limit or exclude any liability for fraud.
19.1 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
This Contract is made in accordance with the laws of England and Wales and we each agree to the non exclusive jurisdiction of the Courts of England.
21. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.