- This Site is produced by Nutricia Limited (whose brands include Cow & Gate) for your information, education and communication. Please feel free to browse this Site. In these terms and conditions "we" and "us" means Nutricia Limited (registered number 00275552) whose registered address is Newmarket House, Newmarket Avenue, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.
- The Site and its contents are designed to comply with UK laws and regulations and are intended for use by UK residents only. Nutricia Limited makes no representation that any information contained in this Site is relevant or appropriate to other locations.
- This Site offers you the option of viewing information about Cow & Gate infant milks. If you choose to view this information, you are accepting that we are supplying this information at your individual request for information and educational purposes.
- We ask for your email address, forename, surname and postcode as mandatory details when you use the 'Get in touch' form on this Site. This allows us to identify you as an individual and to answer your query directly.
- We also ask you for your name, email and postal address, as well as your baby's date of birth when you order the Cow & Gate 5 Step Weaning Plan. This information allows us to fulfill your request.
- We will not use your data for any purposes other than those described here.
Exclusions of liability
- We use reasonable endeavours to ensure that the data on the Site is accurate and to correct any errors or omissions as soon as practicable after being notified of them.
- To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Site. We do not guarantee that the Site will be fault free and do not accept liability for any errors or omissions.
Access to the Site and Content
- Owing to the nature of electronic transmission of data over the internet, and the number of Users by whom data is posted on to the Site, any liability we may have for any losses or claims arising from an inability to access the Site, or from any use of the Site or reliance on the data transmitted using the Site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Site save where such liability cannot be excluded by law.
- We do not give any warranty that the Site is free from viruses or anything else which may have a harmful effect on any technology.
- The copyright in the material contained on this Site together with the Site design, text and graphics and their selection and arrangement belongs to Nutricia Limited. All rights are reserved. Users may download materials for their own personal, non-commercial use, provided all copyright and other proprietary notices are kept intact. The copying, redistribution, re-posting, publication, adaptation or alteration of any part of this Site for any public or commercial purposes is prohibited without written prior permission from Nutricia Limited.
- The trademarks, logos, characters and service marks (collectively the "Trademarks") displayed on the Site are registered or unregistered trademarks of Nutricia Limited. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the trademarks without the express written permission of Nutricia Limited. Your use of the Trademarks and contents of the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that Nutricia Limited will aggressively enforce their intellectual property rights in the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.
Data submitted by others
- A variety of information, text, graphics, software and other materials (“Content”) is available on the Site. Nutricia Limited strives to keep the Content that we post on the Site accurate, complete, and up-to-date, but we cannot guarantee, and are not responsible for, the accuracy, integrity, quality, completeness, timeliness, or that it will not be objectionable to you, of any Content.
- You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of these Terms and Conditions.
- Images of people or places displayed on the Site are either the property of, or used with permission by, Nutricia Limited. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission elsewhere on the Site. Unauthorised use of images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
- Whilst we endeavour to ensure that the Content is correct, the Content presented in this Site is provided with the understanding that Nutricia Limited is not engaged in rendering medical, counselling, legal, or other professional services or advice. The Content is available for information and as an educational tool, it is not intended as medical or healthcare advice and is not intended as a substitute for professional advice relative to a specific condition or questions you may have regarding a medical condition or legal problem. Always seek the advice of your general practitioner or other qualified healthcare professional regarding any medical condition before starting any new treatment or before proceeding on the basis of any Content. We make no warranties or representations about the accuracy, completeness or suitability for any purpose of the Content or that your use of the Content will be uninterrupted or error free or that the Content is virus free. To the maximum extent permitted by law, we expressly disclaim our liability for any errors, inaccuracies or omissions in the Content and exclude all loss or damage you may suffer as a result of your use or reliance on the Content.
- Personal information voluntarily submitted to Nutricia Limited via the Site on the Contact Us page may be used by Nutricia Limited to respond to you. Nutricia Limited will not sell this data or make it available to third parties. If you request a service that requires certain personal information, we will only use your information to fulfil that service (for example, sending you a guide, or registering you for other services). By providing such information, you expressly consent to Nutricia Limited using personal information in these ways. However, you can tell us not to deal with your personal information in these ways in the future by simply sending an email to us here.
- If you register for another of our services, you should also read the terms and conditions relating to those service as communicated to you as you register.
- This Site may contain links to other Sites. Nutricia Limited is not responsible for the content of any other Site or for on-going review of other Sites. The inclusion of any link to such Sites does not imply endorsement by Nutricia Limited. Your linking to any other Sites is at your own risk. Hyperlinking to this Site, in any manner, is not permitted without Nutricia Limited's written permission.
- Nutricia Limited does not represent or warrant that this, or any Site to which ours is linked, will be accessible or available on a timely basis, or that access to the same will be uninterrupted or error free.
- Nutricia Limited reserves the right to alter or delete material from the Site at any time.
- Nutricia Limited may, at any time without notice, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions.
- If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
- These Terms and Conditions shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
TERMS FOR PARTICULAR AREAS OF THE SITE
- At the time of your 'chat' you may request a transcript of the conversation by pressing the printer or envelope icon at the top of the chat window.
- Neither Nutricia Limited nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of advice given during a LiveChat conversation. For all specific medical advice, please consult your own doctor or health advisor.
- Nutricia Limited will keep a transcript of every 'chat' had through LiveChat. This transcript will be kept for 24 months at Nutricia UK and will be used for training and quality evaluation, and in the event of a consumer complaint in relation to the LiveChat service.
- All LiveChat conversations are completed over a secure transmission and are confidential between the "caller" and Nutricia Limited, unless express permission is given by the "caller". However, if there is risk of someone being harmed or other unlawful activity, we may have to pass some details onto the authorities.
- Furthermore, when you are using LiveChat, please do not transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law.
- You are not permitted to use this Site or any of our services for any reason or purpose which is unlawful, defamatory, harassing, harmful, abusive, invasive of another’s privacy, or objectionable and, in particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other Users. You must ensure that you do not transmit to, from or via, or post on, this Site any material containing software viruses or other harmful, disruptive or destructive files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You are not permitted to do anything which may disrupt in any way the operation of this Site and services, nor are you permitted to do anything which would disrupt the use and enjoyment of this Site and our services by any other User. Other than as expressly permitted, by us, you are not permitted to use this Site to engage in any commercial activity of any form.
New Business Enquiries
In these Conditions:
- "Customer" means the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company. "Goods" means the Goods which the Company is to supply in accordance with the Conditions. "The Company" means Nutricia Limited. "Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Company and the Customer. "Contract" means the contract for the purchase and sale of the Goods.
Basis of sale
- The Company shall sell and the Customer shall purchase the Goods in accordance with the written quotation or price list of the Company which is accepted by the Customer, or any order of the Customer which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
- No variations to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Parties.
- The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering in to the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
Orders and specifications
- All quotations or price lists given by the Company are invitations to treat. No order submitted by the Customer shall be deemed to be accepted by the Company unless and until the Company despatches the Goods to the Customer.
- The Company reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or statutory requirements.
Terms of payment
- The Customer shall pay for the Goods within 15 days of the end of the month in which the Customer is invoiced, notwithstanding that delivery may not have taken place and the property in the goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract.
- Delivery of the Goods shall be made by the Company delivering the Goods to the place notified by the Customer for delivery, or, where the Customer is to arrange collection, by the Customer collecting the Goods from the Company after the Company has notified the customer that the goods are ready for collection.
Risk and property
- Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the goods.
- Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the goods and all other goods for which payment is then due.
- Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company's property. Until that time the Customer shall be entitled to re-sell or use the Goods in the ordinary course of its business, but the proceeds of sale, including insurance proceeds, shall be held on trust for the Company and the Customer shall keep all such proceeds separate from any monies or property of the Customer and third parties and shall account for the same to the Company.
- If the Customer fails to pay for the Goods within the time specified under clause 4, (and provided the Goods have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The right to repossess the Goods shall continue to subsist notwithstanding the termination of the Contract for any reason and is without prejudice to any accrued rights of the Company.
- The Customer shall not be entitled to pledge or change by way of security any of the Goods which remain the property of the Company, but if the Customer does so all monies owing to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
- The Customer assigns to the Company all rights and claims which the Customer may have against any third party arising from re-sales of the Goods, until payment is made in full by the third party.
Warranties and liability
- Subject as expressly provided in these Conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by the Customer) be notified to the Company within two days from the date of delivery. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
- Where any valid claim in respect of any of the goods which is based on any such defect or failure is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the Goods free of charge, or, at the Company's sole discretion, to refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.
- Except in respect of death or personal injury caused by the Company's negligence the Company shall not be liable to the Customer by reason of any representation of any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or re-sale by the Customer, except as expressly provided in these Conditions.
- The Customer acknowledges that it is agreed to be the responsibility of the Customer to effect insurance on its own behalf in respect of any claim to which this clause 7 relates and undertakes and agrees that in respect of all actions, claims, proceedings, costs, losses and damages the Customer will use its best endeavours to arrange for its underwriters and/or insurers to renounce their rights of recourse (if any) against the Company.
- Neither party shall be liable for any default due to act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.
Insolvency of customerThis clause applies if:
- The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) has a petition presented for its winding-up or passes a resolution for voluntary winding-up otherwise than for the purposes of a bona fide amalgamation or reconstruction or compounds with its creditors or has a nominee, superviser or administrator appointed pursuant to the Insolvency Act 1986 or has a Receiver or Administrative Receiver, or an encumbrancer, take possession of all or any part of its assets.
- The Customer ceases or theatens to cease to carry on business; or
- The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
- If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable and the Company may exercise its right under clause 6.
Interface with markings
- The Purchaser shall not alter, obscure, remove, conceal or otherwise interfere with any markings, warnings, instructions or information placed by the Company on the Goods or with their labelling and packaging. The Purchaser will take all possible steps that its retail customers are notified of this term and that they comply fully with it.
- Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing (which shall include telex, cable, facsimile transmission, and comparable means of communication) addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
- The Contract shall be governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
What if these Terms & Conditions change?
- Nutricia Limited may, at any time without notice, revise these Terms and Conditions by updating this page. You are bound by any such revisions and should, therefore, periodically revisit this page to review the then current Terms and Conditions.