This page tells you information about us and the legal terms and conditions (Terms) on which we sell the products (Products) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. By ordering any of our Products, you agree to be bound by these Terms. Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
- Who we are
Our company is HK Vitals, trading as HK Vitals. To contact us, please see our Contact Us page. You can email us at support@HK-Vitals.com.
- Our Products
2a. The images of the Products on our site are for illustrative purposes only and the limitations of monitor capabilities and of printers means that the colour, dimensions, and packaging of the Products may vary from that shown on images on our site.
2b. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available.
- How we use your information
We only use your personal information in accordance with our Cookies and Privacy Policy. Please take the time to read this as it includes important terms which apply to you.
- If you are a consumer This clause only applies if you are a consumer.
4a. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4b. We intend to rely upon these Terms and our Cookies and Privacy Policy in relation to the Contract between you and us.
4c. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- If you are a business
Customer If you are a business customer, these terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.
- How the contract is formed between you and us
6a. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6b. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6c.
6c. We will confirm our acceptance to you by sending you an e-mail that confirms the order and dispatch details. The Contract between us will only be formed when we send you the Order Confirmation.
6d. If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11e, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- Our right to vary these terms
7a. We may revise these Terms from time to time in the following circumstances: (i) changes in how we accept payment from you; and (ii) changes in relevant laws and regulatory requirements.
7b. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7c. Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
- Your cancellation and refund rights if you are a consumer This clause only applies if you are a consumer.
8a. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 8c. This means that during the relevant period, if you change your mind, or you decide you do not want to keep a Product for any other reason, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8b. However, this cancellation right does not apply if the tamper-evident seal is broken.
8c. You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the Products.
8d. To cancel a Contract, you must contact us in writing. Please email orders@HK-Vitals.com. You may wish to keep a copy of your cancellation notification for your own records.
8e. You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8d. If you returned the Products to us because they were faulty or mis-described, please see clause 8f.
8f. If you have returned the Products to us under this clause (8) because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8g. We refund you on the credit card or debit card used by you to pay.
8h. If the Products were delivered to you: (i) you must return the Products to us as soon as reasonably possible. (ii) unless the Products are faulty or not as described (in this case, see clause
8f), you will be responsible for the cost of returning the Products to us. (iii) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8i. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8j. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause (8) or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Delivery
9a. Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9b. Delivery will be completed when we deliver the Products to the address you gave us. Delivery in the UK is routinely between 2-5 days or as stated in the Order Confirmation.
9c. If no one is available at your address to take delivery, a note will be left for you to arrange collection or re-delivery.
9d. The Products will be your responsibility from the completion of delivery.
9e. You own the Products once we have received payment in full, including all applicable delivery charges. Our small order delivery uses Royal Mail. A product that remains undelivered for 10 days is deemed to have been lost and it is only at that point that we can issue replacements or refunds. Larger orders are sent via DPD and are tracked. See Also: Our Returns Policy
- International delivery
10a. We can deliver overseas but there may be restrictions on the delivery of certain Products to certain international delivery destinations in which case we may not be able to deliver to you and may not be able to accept your order.
10b. If you order Products from our site for delivery to certain international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.
10c. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10d. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10e. The time for delivery of international orders is usually between 3-7 working days but this may be updated from time to time. Please see section 13 for product warranty for overseas orders.
- Price of products and delivery charges
11a. The prices of the Products will be as quoted on our site at the time of purchase. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 11e for what happens in this event.
11b. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11c. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11d. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Information page.
11e. Our site contains a number of Products and it is always possible that an error in the displayed price of the Products was missed. We will normally check prices as part of our dispatch procedures so that: (i) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and (ii) if the Product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- How to pay
12a. You can only pay for Products using a debit card or credit card or Paypal.
12b. Payment for the Products and all applicable delivery charges is in advance.
- Our warranty for the Products and disclaimer
13a. We warrant that the Products will correspond with Order at the time of the Dispatch Confirmation and shall be free from material defects on delivery. However, this warranty does not apply in the circumstances described in clause 13b.
13b. The warranty in clause 13a does not apply to any defect in the Products arising from wilful damage, abnormal storage or working conditions, accident, negligence by you or any third party or if you fail to use the Products in accordance with user instructions.
13c. While we make reasonable efforts to include accurate and up to date information on this site, we make no warranty or representation about the accuracy or reliability of such information or material linked to or from the site and, to the fullest extent permissible by law, we expressly disclaim any liability in respect of the same. We do not monitor the content not produced by us and any views expressed by third parties on this site or on any sites linked hereto are not necessarily representative of our views.
13d. For the avoidance of doubt the information provided on this site is for information only and it does not constitute medical advice. If in doubt before using any of the Products sold through our website, you should seek medical advice from your doctor. Food supplements by their very nature and description should be taken in conjunction with, and not as a substitute for, a healthy lifestyle and balanced diet.
13e. Some of the Products we sell are sold as food supplements and are not sold for any particular purpose, have not been evaluated by any regulatory or governing body, and are not intended as a cure of any kind.
13f. Customers wishing to purchase products from HK Vitals (whether by telephone or via website) for delivery into Countries and States outside the UK should satisfy themselves that the products, any health, or nutritional claims the products concerned may carry, any ingredients they may contain, and the levels at which any ingredients and nutrients are present, comply with the relevant regulations and legislation in the country to which the products are to be shipped. HK Vitals cannot be held responsible for any delays, any inconvenience, or for any non-delivery, that may arise if the products are held, whether temporarily, or permanently, at point of entry into any other Country or State outside the UK. Likewise, HK Vitals cannot be held liable for any additional costs, or losses, arising from any such delays or non-delivery, nor be held liable for any local import duties, taxes, or other incidental charges or fees, that may be imposed upon any products on entry into any Country or State outside the UK.
13g. Shelf-life/Durability and Best Before dates of Products from the brands we supply are based on storage of the product under the recommended storage conditions as stated on product labels, under UK ambient climatic conditions. Many nutrients are highly susceptible to degradation under conditions of elevated temperatures and/or elevated humidity, and HK Vitals cannot be held liable for any deterioration of products, whether physical, chemical, or microbiological, due to storage or use under climatic or environmental conditions outside the UK. HK Vitals cannot be held liable for any losses, illness, or injury, arising from any such degradation of a product where the country in which the product is being stored or used does not share the same climatic zone classification (i.e., ‘Temperate’) as the UK.
- Our liability if you are a business
If you are a business client, these terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.
- Our liability if you are a consumer This clause 15 only applies if you are a consumer.
15a. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered the Contract.
15b. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15c. We do not in any way exclude or limit our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (v) defective products under the Consumer Protection Act 1987.
- Indemnity
16a. You as the consumer recognize our employees, including persons contracted to do work for, or on behalf of, HK Vitals are individual, live human beings with inalienable rights to their own opinions, stories and knowledge. This is called freedom of speech.
16b. As a consumer, if you obtain an opinion about the products we sell or their use from someone in the employ of HK Vitals, you hereby confirm, understand and agree that their own personal views, opinions or recommendations may NOT be supported by HK Vitals. You therefore agree to NOT act on any such verbal information. Follow only what is directed on the product label.
16c. If you chose to follow any opinions or advice from an employee (see 16a above) you will hold HK Vitals trading as HK Vitals, completely harmless of any consequences. By making a purchase with us, by phone or through the website www.HK-Vitals.com, you accept full responsibility for the way you use it except only as directed on the labels. Should you have any slightest doubt about the opinions or advice given to you, you should seek to obtain clarification in writing from the Director and/or seek qualified professional advice before purchasing or using these Products.
- Events outside our control
17a. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16b.
17b. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17c. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- Communications between us
18a. When we refer, in these Terms, to “in writing”, this will include email.
18b. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to HK Vitals, Unit 5, Fen Place Farm, East Street, Turners Hill, RH10 4QA. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 8, please see that clause 8 for how to tell us this.
18c. If we must contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. 18d. If you are a business customer, these terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.
- Other important terms
19a. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
19b. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19c. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19d. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19e. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19f. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law, or common law. You and we both agree to that the common law courts of England and Wales will have non-exclusive jurisdiction.
19g. If you are a business customer, these terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.
- Your inalienable human rights
Beyond the framework of this policy, every single individual human being, including yourself as a consumer as well as those who work for HK Vitals have natural rights which are inalienable. Inalienable is defined as something that cannot be transferred, given up or surrendered to another. If you are unaware of these rights, it is incredibly important that you acquaint yourself with the Universal Declaration of Human Rights Articles and share them with others.
[IMPORTANT NOTE AND DISCLAIMER: We are not doctors. We are distributors of nutritional supplements. Therefore, we cannot and do not offer medical advice. Please do not call with medical questions. If you have a medical problem, please see your licensed physician. Self-treatment is not recommended. The FDA has not evaluated the information contained on this web site. Products distributed by HK ViTALS are not intended to diagnose, treat, cure, or prevent any disease. Testimonials are the subjective experiences of our customers and are not intended to be construed as being prescriptive in nature, nor a guarantee that the usage methods described are safe, effective, or reliable, nor a guarantee that your results will be the same; individual results may vary. Additionally, the contents of this web site are strictly for information purposes only and should not in any way be construed as providing or attempting to provide medical advice. Information on this web site is derived from sources deemed to be accurate and reliable, but no guarantee, express or implied, can be made regarding the accuracy or reliability of same. Therefore, readers are encouraged to verify for themselves and to their own satisfaction the accuracy and reliability of all reports, recommendations, conclusions, comments, and opinions. HK ViTALS does not make any claims or promises as to health benefits accruing from the use of any product. HK ViTALS specifically disclaims responsibility or liability for any loss or hardship that may be incurred as a result of the use or misuse of any nutritional supplement. You are solely responsible for your health and nutrition choices. For additional information please get in touch with us at support@hk-vitals.com.
