Terms & Conditions
1. Definitions:
“Company” means Vigorfort
“Contract” means the Order accepted by the Company and incorporating these conditions.
“Customer” means the company, firm or organization who’s Order for the Goods is accepted by the Company.
“Goods” means the goods which the Company agrees to supply in accordance with these conditions and which are identified on the Order. “Order” means the order for the purchase of the Goods submitted by the Customer.
“Goods” means the goods agreed to be provided to the customs by Vigorfort
“Quotation” means the quotation by Vigorfort. stating the price at which and the time period during which it will supply the goods to the customer.
Any reference to a law is a reference to it as in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
Where a condition provides for a list of items following the word “including” or “includes”, then such list is not to be interpreted as being an exhaustive list.
2. General:
2.1. Headings are purely for the ease of reference and do not form part of effect the interpretation of Conditions.
2.2. In the event of a conflict the contractual documents shall be applied in the following order:
- a) The Quotation
- b) the Conditions
2.3. No other terms and conditions or warrantied are to be incorporated into the Contract unless agreed expressly in writing with Vigorfort. In particular, the Customer’s terms and conditions are expressly excluded whether provided in full, referred to in other documents and whether before or after the Contract is formed.
2.4. Vigorfort. may update or amend these Conditions from time to time to comply with the law or to meet the changing business requirements without notice to the customer.
3. Ordering:
3.1. Each Order (whether submitted by telephone, fax, post, email or electronic ordering system) shall be deemed to be an offer by the Customer to purchase the Goods pursuant to these conditions. The Company may, at its complete discretion, refuse to accept any Order. The Contract will be formed upon confirmation of acceptance of the Customer’s purchase order by Vigorfort
3.2. The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any Order (including the description of the Goods ordered).
3.3. Samples and Free of Charge Goods; for the avoidance of doubt, where no order is placed and the Company provides Samples, to familiarize the Customer with the goods, as part of a sampling program or where the Company provides Free of Charge Goods to the Customer as part of a clinical trial or compassionate use program these conditions shall, to the extent applicable, apply to such Samples and Free of Charge Goods.
4. Prices:
4.1. The price is exclusive of VAT and all other applicable taxes and duties, which the Customer shall be additionally liable to pay the Vigorfort. or directly to relevant authorities e.g., local customs department etc.
4.2. All prices quoted are subject to change up to the date of delivery, subject to prior written notice by Vigorfort.
4.3. Vigorfort. reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost of Ultra Corp Care. which is due to any factor beyond the reasonable control of Ultra Care Corp.
4.4. Errors on Vigorfort. website prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Vigorfort. reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. Vigorfort. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Vigorfort. shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Vigorfort. will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Vigorfort—return Policy.
5. Delivery:
5.1. Delivery of the Goods shall be made to the delivery address specified as stated on the Pro Forma Invoice or communicated separately whichever is greater after the date of the Vigorfort. acceptance of the Order.
5.2. Vigorfort. reserves the right to withhold delivery of any Goods if any sum due under any contract with the Customer is overdue or if, in the reasonable opinion of Vigorfort, the financial standing of the Customer has been impaired for any other reason.
5.3. Time for delivery shall not be of the essence and, Vigorfort. shall not be liable for any loss or damage whatever due to any failure by the Vigorfort. to deliver the Goods (or any of them) promptly or at all. The customer will have no right damages or to cancel the order for any failure to meet the delivery times stated.
5.4. The delivery of the Goods may happen by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contractor instalment.
5.5. The Customer shall take delivery of the Goods promptly whenever they are tendered for delivery (which shall include signing the relevant delivery note) If, for any reason, the Customer fails to take such delivery of the Goods or otherwise causes or requests a delay in delivery:
- a) The Goods shall be deemed to have been delivered.
- b) Risk in the Goods shall pass to the Customer, and
- c) Vigorfort. shall be entitled to store or arrange for the storage of the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of such storage and any additional charges incurred in delivering the Goods at a later date.
5.6. The Customer shall ensure that adequate and safe facilities and procedures exist at the Customer’s premises for the delivery of the Goods.
5.7. The Customer shall immediately notify Vigorfort. Customer Support Centre if the Goods are not received within 10 days of the specified delivery date.
6. Warranties:
6.1. Vigorfort. will use reasonable endeavors to ensure that the Goods
- a) Correspond to their description and any applicable specification.
- b) Be of satisfactory quality and fit for purpose held out by Vigorfort. or made known to the customer by Vigorfort,
- c) Where applicable, be free from defects in design, materials, and workmanship and remain so for 12 months after delivery; and
- d) Comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of Goods
6.2. In case of Goods not manufactured by Vigorfort:
- a) Vigorfort. gives no assurance or warranty whatsoever that the sale or use of the Goods will not infringe the patent design right registered, design copyright or other industrial property rights of other person firm or Company and
- b) The warranty given to the Customer shall be limited to the warranty (if any) which Vigorfort. receives from the manufacturer or supplier of the Goods to Vigorfort.
7. Our Liability:
7.1. Save where Goods manufactured by Vigorfort. are held to be defective, Vigorfort. sole obligation in the event of any missing or defective Goods, shall be to repair or replace the Goods.
7.2. Vigorfort. shall not be liable in respect of consequential loss, loss of profits, damage to the property, loss of goodwill, loss of business opportunity, wasted expenditure, cost of mitigation arising out of or occasioned by any fault or defect in the Goods supplied or any other losses howsoever caused.
7.3. The maximum total liability under or arising out of in connection with this Agreement will not exceed the total of the Contract value.
7.4. Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury resulting from negligence or their fraudulent acts, omissions or statements or for infringement of third party’s intellectual property rights.
8. Return of Goods:
8.1. In cases where Goods are not defective and the customer requests to return the Goods, Vigorfort. shall be under no contractual obligation to accept the return except in the event of any error on its parts as to the amount or type of Goods delivered.
8.2. Any requests to return must be made to Vigorfort's. Customer Support Centre within ten working days of the date of actual delivery.
8.3. The return of Goods to correct an error in delivery or ordering will only be considered if the Customer Care Team is notified immediately or in any event within 48 hours of delivery to the Customer.
Goods must be returned to Vigorfort. within 5 days of delivery to the customer to correct an error in delivery or ordering.
8.4. For the avoidance of doubt, unless defective, the returns of Goods as detailed in sections 11.2, 11.4, 11.5 and 11.6 must be unused, undamaged and in the original packaging. The Goods must be the same batch as originally supplied by Vigorfort. and are not falsified/counterfeit. All goods are individually assessed by Vigorfort. before being authorized to return.
8.5. Return of Goods for any reason shall require prior consent from Vigorfort. which shall be sent solely at the discretion of Vigorfort. To obtain consent, the Customer Care Team must be notified. Consideration to requests for a return may be given if:
- a) of a bona fide nature.
- b) made within 10 working days of the actual delivery, and
- c) unless defective, the Goods must be unused, undamaged and in the original undamaged packaging. The Goods must be the same batch as originally supplied by Vigorfort. and not falsified/counterfeit.
8.6. On the customer contacting Vigorfort. to request a return, the Customer will be issued with a returns merchandise authorization number by Vigorfort. Goods returned without the prior written approval of Vigorfort. maybe returned to the customer or disposed of at the absolute discretion of the company.
8.7. Goods returned will be subjected to the following charges:
- a) all delivery charges & customs duties are the responsibility of the customer only.
- b) for returns of small parcels there will be a minimum $15.00 charge per parcel and a 15% re-stocking charge.
- c) the event of return resulting from an error on the part of Vigorfort. in relation to the amount or type of Goods delivered, Vigorfort. is no liable for any charges whatsoever.
8.8. If any Goods are subject to be called by Vigorfort. for recall, the customer shall provide to Vigorfort. as much information as it is reasonably possible regarding the whereabouts of the Goods
9. Cancellation Policy:
9.1. In the event of cancellation before delivery and if returned after delivery where products are not defective, there will be a re-stocking charge of not less than 15% of the invoice value charged by Vigorfort.
9.2. Cancellation of an order will only be agreed by Vigorfort. at its sole discretion, on condition that all costs and expenses incurred by Vigorfort. up to the time of cancellation and loss of profits and other loss or damage resulting to Vigorfort. of such cancellation will be reimbursed by the Customer to Vigorfort. forthwith.
10. Specifications:
Vigorfort. reserve the right to alter or change the specification and dimension of the Goods supplied with reasonable limits having regard to the nature of the Goods. These do not materially affect the quality or fitness for purpose of Goods. Dimensions specified by Vigorfort. are to be treated as an approximate only unless the Customer specifically states in writing that exact dimensions are required. Our website and catalogues display the product images as accurately as possible, However, Vigorfort. cannot guarantee the finish/colour you see matches the actual product as the display of the finish and or colour depends in part, upon your monitor and its settings.