These terms and conditions (the “Terms”) are the terms which apply when you access the website www.TheTonik.co.uk (the “Website”) or place orders to purchase any of the products made available to you on the Website. Any reference to “we”/”us”/”our” in these Terms is a reference to Natalie Roche Limited (trading as TheTonik.co.uk) and any reference to “you”/”your” means you, the user of the Website.
You use of this Website and purchase of any of the products on the Website means you agree to be bound by these Terms. If you do not agree to these Terms, please do not access nor use the Website.
We recommend that you print a copy of these Terms or save them to your computer for future reference. These Terms are only available in the English language.
We are Natalie Roche Limited (the exclusive distributor for Tonik in the UK and Ireland), a company incorporated in England under registration number 05798257. Our registered address is Natalie Roche LTD, 7 St Petersgate, Stockport, Cheshire, SK1 1EB, England, United Kingdom.
If you have any questions, complaints or comments on this Website, then you may contact our CustomerCare Team here.
Natalie Roche Limited reserves the right to change or modify these Terms from time to time and changes will be notified on the Website. It is your responsibility to check for such changes. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.
To be eligible to purchase goods on this Website and lawfully enter into and form contracts under English law, you must be:
We offer you the opportunity to register for a personal account. If you take advantage of this opportunity any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically.
You must provide the following information when you register: your name, gender, age, password, billing address and, where applicable, different delivery address. You can access, update or correct your personal account details via the “My Account” button at any time. We will only use the stored data in accordance with our Privacy Policy which can be accessed here.
You warrant that the personal information you provide when you register is true, accurate, current and complete in all respects and you are not impersonating any other person or entity.
You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is due to our negligence. You agree to notify us immediately if you become aware or suspect any unauthorised use of your password or username.
Natalie Roche Limited will only use your personal information in accordance with the Natalie Roche Limited Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.
By accepting the Terms you confirm that all information and details proved by you to us are true, accurate and up to date in all respects and at all times.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer’ and any material which is defamatory, offensive or of an obscene character.
You agree that in using the Website you will not: (i) use the Website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way; (ii) use the Website for any purpose that could damage the name of Natalie Roche Limited or any goodwill attached to the Website; (iii) use the Website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the Website security measures; nor (v) use the Website for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.
You agree to defend, indemnify and hold Natalie Roche Limited harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
As a convenience to our customers, there may be links to other sites or material which is beyond our control. We are not responsible for such sites or material, nor do we review or endorse them. Your linking to any other sites is at your own risk. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor any damage, loss or offence caused or alleged to be caused in connection with, the use or the reliance on any such advertising, content, products, materials or services available on such external sites or resources. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other sites that you visit.
We will take all reasonable care to ensure that all details, descriptions, images and prices of products appearing on the Site are correct. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the product exactly at the moment you place an order.
The photographs that illustrate the Products do not fall within the scope of the Contract and Natalie Roche’s liability may not be incurred in connection with any such error.
While every effort is made to ensure that The Tonik products for which photos are displayed on the Website is an accurate representation of the original products, variations may occur, in particular due to technical limitations in reproducing colour using information technology. Consequently, Natalie Roche Limited may not be held liable for errors or inaccuracies in photographs or graphics showing Tonik products that are presented on the Website.
The packaging of the Products may vary from that shown on images on our Website.
Products are offered subject to availability. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available because of an error in the price on our Website, we will not process your order. If you have already paid for the Product, we will refund you the full amount of the Product as soon as possible. If we are unable to supply the whole order, we will also refund any delivery costs charged as soon as possible.
No substitute Product will be sent to replace the unavailable Product.
Natalie Roche Limited may not be held liable if Products are out of stock or unavailable
Any samples offered are subject to availability and will only be sent to an address in the United Kingdom and Ireland. Any samples provided by Natalie Roche Limited for you to try are for your personal use only.
All orders are subject to availability and acceptance by us. We reserve the right to refuse to accept an order. After placing an order, you will receive an email from us acknowledging that we have received your order. All communications will be addressed to the email address you supply when you register. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product.
Our shopping pages will guide you through the steps you need to take to place an order with us. 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 stage of the process.
You will automatically be sent an email confirming receipt of your order with a summary of the details of your order which we recommend that you print out and keep for your own records. The confirmation email does not constitute our acceptance of your order. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Terms, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the Products ordered to you. The contract between us will only be formed when we dispatch your order.
We may refuse to accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms (including our Privacy Policy) or if we identify a product or pricing error. If we do not accept your order for any of the above reasons, we will contact you by email or telephone advising you of this.
Where you have purchased as a consumer, you have certain rights under the law. These include:
To cancel a Contract, you just need to let us know in writing that you have decided to cancel. The easiest way to do this is to email customercare@natalieroche.com, we will email you to confirm we have received your cancellation. You can also write to them at:
Website Returns
Tonik
Natalie Roche Limited
Adamson House
The Towers
Wilmslow Road
Didsbury
M20 2YY
If you are emailing us or writing to us, please include details of your order to help us to identify it, including the order reference number (starting TT…). If you send us your cancellation notice by email or post, then your cancellation notice is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last date of the cancellation period or email before midnight on that day.
This cancellation right does not apply in the case of sealed goods if they have become unsealed after delivery unless the product is defective.
We hope you will be happy with your purchase from us, if not, you have the right to return the product to us and receive a full refund, provided that you:
You will be responsible for the cost of returning the product to us, unless it is faulty, incorrect or not as described.
Please return the Product accompanied by the Returns Note in suitable packaging to ensure it reaches us in good condition.
We will refund the purchase price and original delivery charge of any goods returned no later than 14 days from the day when you give us notice of cancellation. We will refund you using the same means of payment you used for the initial transaction, unless expressly agreed otherwise.
Please note that if you fail to take reasonable care of returned products, or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer.
The right of cancellation can only be exercised by you, the purchaser of the Product, and not by a third party.
The prices of the product are given in pounds sterling and are inclusive of VAT (where applicable, unless otherwise stated) at the current rates.
The prices are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Terms. Delivery costs will be specified to you before the order is confirmed and when the order is definitively validated.
The price invoiced to you is the price stated on the order confirmation sent via email by Natalie Roche Limited.
You accept Natalie Roche Limited’s right to modify its prices at any time; however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
Our site contains a selection of products and it is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you 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. Please note that 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.
All payments must be made immediately over the Internet. Unless the server is unavailable, you may pay with a credit or debit card or with PayPal.
You will need to enter the card number, expiry date, name of cardholder and the 3-digit security code from the back of the card.
For your security our website transactions are carried out in a secure environment via our payment service provider, SagePay. SagePay is fully approved to Level 1 in the Payment Card Industry Data Security Standards (PCI DSS) which is the highest level of compliance.
As part of the fight against online fraud, information concerning orders will be checked by Natalie Roche Limited’s designated Payment Service Provider, SagePay.
If you require a VAT invoice, please contact our Customer Care Team here or call us on 0161 406 9894.
From time to time Natalie Roche Limited may run competitions, offers and promotions via the Website. Separate terms and conditions will be posted here where applicable governing such competitions and promotions.
We accept orders for delivery to addresses in the United Kingdom and Ireland only. Delivery will be made to the address provided by you when you placed your order.
The estimated time for you to receive an order by Standard Delivery is 3-5 working days from the day the order is received.
In any event, orders are delivered at the latest thirty (30) days after you place your order. If we are unable to dispatch the product within that time we will email to let you know and to give you an estimated delivery date. In these circumstances you have the right to cancel the order and receive a full refund.
Natalie Roche Limited will not be liable or responsible if your delivery is affected by an event outside our control including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the Products ordered. If a delivery is late, you must inform the Customer Care Team here as soon as possible. Natalie Roche Limited will then contact its chosen carrier in order to initiate an enquiry. Enquiries may take some time.
As soon as the product is delivered to you, you are responsible for it.
We want you to be happy with your purchase from us. If you are unhappy with the product in any way, please contact our Customer Care Team here as soon as possible.
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights. For more information about Your statutory rights contact Your local Citizens Advice Bureau or Trading Standards Office.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Website.
With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of the Website.
We are not responsible for:
Where the Products have been purchased for commercial, business or resale purposes, we have no liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the Website to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Website which are required in the process of using the Website as a shopping resource. The content of the Website may not be used for any other purpose without our express written permission.
Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
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. These Terms and the order summary sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
These Terms form the entire basis of any agreement between us.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
Our contact details are as follows:
Natalie Roche Limited
Adamson House
The Towers
Wilmslow Road
Didsbury
M20 2YY
Telephone: 0161 406 9894
Company Registration Number: 05798257
VAT Registration Number: GB 881 496 973.