Healthspan Limited Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which Healthspan Limited (“we” or “us”) supply to you any of the products ("Products") listed on our websites www.healthspan.co.uk and www.nurtureskincare.co.uk/ ("our sites") or ordered via our call centre or by mail.
Healthspan Ltd does not offer delivery of our Products to you. Delivery services (“Delivery services”) are provided to you by PostDirect. Please also read the terms and conditions for PostDirect.
Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.nurtureskincare.co.uk/ is a site operated by Healthspan Limited ("we"). We are registered in Guernsey under company number 19775 and with our registered office at Healthspan House, The Grange, St. Peter Port, Guernsey GY1 3WU.
We are VAT registered in the Netherlands 823517299B01 and our Products are stored at Wial BV, Hermelijnweg 9, 4877 AE Etten-Leur, Netherlands
Our websites are operated by us.
No Credit Card numbers are held on our site or on the associated back-office systems used by us to process your orders. For future reference to help us communicate with you, the first few and/or last digits only of your Credit Card number are kept by us.
For any repeat orders of Products made by you via our site our Credit Card Agency securely holds your Credit Card details and provides us with a unique token that represents that particular card; this token is only valid for payment to us and this data is therefore worthless to any potential web site hacker.
3. SERVICE AVAILABILITY
We do not accept orders from individuals resident in the USA, Canada or Holland.
4. YOUR STATUS
By placing an order through our site, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least 18 years old.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing your order via our site for Products, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us. We will notify you where Products may not be available.
5.2 Your Contract with us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available.
6. AVAILABILITY AND DELIVERY
6.1 We do not deliver Products, but when you place an order for Products you will be offered Delivery services from PostDirect.
6.2 Where you have contracted with PostDirect for Delivery services, that delivery company will deliver your Products in accordance with its terms and conditions which are available here for PostDirect.
6.3 If you do not wish to contract with PostDirect for Delivery services, your order will be available to collect from our distribution centre at Wial BV, Hermelijnweg 9, 4877 AE Etten-Leur, Netherlands
7. RISK AND TITLE
7.1 The Products will be at your risk from the time the Products are made available for collection or, where you have contracted with PostDirect for Delivery services, from the time the Products are made available to PostDirect.
7.2 Title to the Products will pass at the time specified in 7.1 above provided we have received full payment of all sums due in respect of the Products by that time.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site and in our catalogue and promotional material from time to time, except in cases of obvious error. These are the price for the Products only. These prices do not include the charge for the Delivery services offered to you by PostDirect. All VAT will be included in the final price where applicable.
8.2 Prices of Products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
8.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection
8.4 The price of the Delivery services offered to you by PostDirect will be displayed on our site and in our catalogue and promotional material. The current prices charged by PostDirect for standard delivery are:
PostDirect Standard Delivery Charges
Rest of World
PostDirect Courier Delivery Charges
Rest of World
8.5 We will collect payment for the Delivery services from you on behalf of PostDirect (as applicable).
9. OUR REFUNDS POLICY
· 9.1 We guarantee your satisfaction with our Products and if, for any reason, you are not satisfied with our Products, we offer a 'no quibble' refund or exchange policy.
· 9.2 Without prejudice to condition 9.1, you may cancel your Contract with us at any time provided that the Products you purchased from us have not passed their sell-by-date. If you cancel your Contract with us, you will receive a refund in accordance with our refunds policy. This provision does not affect your statutory rights.
· 9.3 Products returned to us by you for any reason will be refunded in full. The amount we will refund to you will be the product value, minus any discount, which has been divided proportionately across the total value of your original order. Delivery charges are non-refundable
· 9.4 When you return Products to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via letter or e-mail within a reasonable period of time. We will usually refund any money received from you for the Products using the same method originally used by you to pay for the Products. The amount we will refund to you will be the product value, minus any discount, which has been divided proportionately across the total value of your original order. Delivery charges are non-refundable. We will usually process the refund due to you as soon as possible and, in any event; within 30 days of the day we received your cancellation or the day we confirmed to you via letter or e-mail that you were entitled to a refund of the price of the Products.
· 9.5 Upon request by you, we will provide a freepost label to enable you to send Products back to us.
· 9.6 Where we send you Products in exchange, or as a replacement, for Products, for whatever reason, then we recognise that you will incur an additional Delivery charge to have such exchange or replacement Products sent to you. Although we are not obliged to do so, as a gesture of goodwill we will meet your costs of standard delivery and so will pay on your behalf the additional Delivery charge made to you by PostDirect
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
10.4 We accept no liability for any loss or damage caused by us or our employees or agents:
10.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
10.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
10.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
11.1 If you contract with PostDirect for Delivery of Products from our site and those Products are delivered to a final destination outside the European Union, the Products may be subject to import duties and taxes which will be levied when the Products reach 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.
11.3 Please also note that you must comply with all applicable laws and regulations of the country into which you import the Products. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.2 Where appropriate Healthspan reserve the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.
All notices given by you to us must be given to Healthspan Limited at Healthspan House, The Grange, St. Peter Port, Guernsey GY1 3WU or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 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.
14.3 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. EVENTS OUTSIDE OUR CONTROL
15.1 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 events outside our reasonable control ("Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 You and we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of you or us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 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 sell you the Products (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
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
21. INTELLECTUAL PROPERTY
The content of our site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of www.nurtureskincare.co.uk/ on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.nurtureskincare.co.uk/ without written permission from us.
22. RESTRICTIONS ON USE
You may not use the site www.nurtureskincare.co.uk/ for any of the following purposes:
§ disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
§ transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
§ gaining unauthorised access to other computer systems
§ interfering with any other person's use or enjoyment of www.nurtureskincare.co.uk/
§ breaching any laws concerning the use of public telecommunications networks
§ interfering or disrupting networks or websites connected to www.nurtureskincare.co.uk/
§ making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
§ any claim by any third party that the use of www.nurtureskincare.co.uk/ by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
§ any claim by any third party that the use of www.nurtureskincare.co.uk/ by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
§ any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of www.nurtureskincare.co.uk/ by you.
Other than claims arising from the use by you of the site to order product(s) in the normal manner
Our products are not intended to treat, cure or prevent any disease, nor is the information supplied in our magazine/catalogue or other promotional material intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking our Products. If you experience an adverse reaction, stop taking our Products and seek medical advice.
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