E-commerce B2B Terms and Conditions

Elements Health & Wellness Limited

We are:
Elements Health & Wellness Limited (company number 12560714) with registered office at 20-22 Wenlock Road, London N1 7GU.

Our trading address is:
6 Millwright House
Basin Road, Diglis
Worcester
WR5 3GR
United Kingdom

We can be contacted at:
Email: info@elementshealth.co.uk or
Website: www.elementshealth.co.uk/contact
Telephone: +44 7375 506 887

You are:
A user of our Website.

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods from this Website. By ordering any Goods from us you agree to be bound by these Terms and Conditions, which are made only in the English language.

1.

Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy & Cookies Policy, any order form and payment instructions provided to you;

“Goods” is a reference to any goods which we may offer for sale from our Website from time to time;

“Privacy & Cookies Policy” means the policy displayed on our Website which details how we collect and store your personal data and use cookies on our Website;

“you”, “your” and “yours” are references to you the sole trader or legal entity accessing this Website and ordering any Goods from the Website;

“we”, “us” and “our” are references to Elements Health & Wellness Limited of Royal Porcelain Works, Chamberlain Court, Severn Street, Worcester, WR1 2BZ; and

“Website” is a reference to our Website www.elementshealth.co.uk on which we offer our Goods.

2.

Before Ordering

2.1

Prior to placing an order with us, you will need to register to open an account with us. A form is available on our Website for you to complete. Only customers who have an approved account with us may purchase through our Website.

3.

Ordering

3.1

You may place an order either online via our Website or by telephone on 07892 714 209.

3.2

Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.

3.3

When ordering from this Website you will be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.

3.4

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

3.5

The images of the Goods on our Website are provided for illustrative purposes only. Whilst we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from the images on the Website.

3.6

The Goods are not intended to treat, prevent or cure any disease, condition or addition. The instructions provided must be read prior to use.

3.7

Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.

3.8

We reserve the right to alter the Goods available for sale on the Website and to discontinue any product line or service.

3.9

The contract for the Goods will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted, you will be notified of this in writing together with the reasons.

3.10

Any contract for the supply of Goods from this Website is between you and Elements Health & Wellness Limited. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.

4.

Prices and Payment

4.1

The price for the Goods ordered will be the price stated either (i) at the online checkout via the Website, (ii) the price quoted to you on the telephone for telephone orders or (iii) the price set out in an email.

4.2

All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of value added tax but exclusive of delivery charges which will be added to your order, where applicable and which are detailed on our website.

4.3

The total price for Goods ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made before Goods are despatched.

4.4

Payment must be made in line with the credit terms that we have agreed with you. Time is of the essence for all payments made under these Terms.

4.5

You must pay for your order by debit or credit card or bank transfer.

5.

Delivery

5.1

Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering. Please refer to our website for further information on delivery times.

5.2

Where we arrange delivery, all orders are delivered by a reputable courier service. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late delivery. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.

5.3

No refunds of the delivery charge are made for late deliveries.

5.4

Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.

5.5

All risk in the Goods shall pass to you upon delivery.

5.6

If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.

5.7

You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

5.8

Where delivery is outside the UK, you may be liable to pay additional tax or import duties once the Goods reach that destination. This may vary from country to country. We have no control over these charges and cannot predict their amount.

5.9

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.

5.10

You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

5.11

Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.

6.

Title

6.1

Full title in all Goods supplied by us shall remain fully vested in us until we receive payment in full for all monies owed to us. We shall be entitled to re-take possession of the Goods in the event of non-payment and you hereby grant us a non-revocable licence to enter your premises for the purposes of recovering the Goods.

6.2

Until such time as the property in the Goods passes to you, you shall hold all Goods supplied to you as our fiduciary agent and bailee, and shall keep all of the Goods properly stored, protected and insured (against the risks for which a prudent owner would insure them and hold the policy on trust for us) and clearly identified as our property. You hereby grant us permission to enter any premises where the Goods may be stored at any time to inspect them.

6.3

Until such time as the property in the Goods passes to you, we shall be entitled at any time to require you to return the Goods to us at your cost, and if you fail to do so forthwith, to enter upon any of your premises or any third party premises where the Goods are stored and repossess the Goods using reasonable force if necessary.

6.4

You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain our property, but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy we may have) forthwith become due and payable.

6.5

Until such time as you have paid us all monies owing to us, if you become bankrupt or insolvent, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, are dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur and we notify you of such belief in writing you will no longer be entitled to use and sell any of our Goods and these must be returned to us immediately at your cost or we shall be entitled to re-take possession in accordance with Clause 6.3

7.

Damage in Transit

7.1

You must notify us immediately if Goods are found to be damaged upon delivery. You must keep the Goods within the original packaging and make these available for inspection.

7.2

In the case of Goods damaged in transit our total liability to you is limited to providing replacement Goods within a reasonable period.

8.

Your Information

8.1

In order to provide our services and Goods to you we require information from you such as your name and contact details. You agree to provide us with accurate and complete information. All of the information that we obtain from you is collected, stored and processed in accordance with Data Protection legislation and our Privacy and Cookies Policy.

8.2

If you provide information, testimonials or other comments on or about our Website or Goods, you agree that we may edit, copy, publish or otherwise use in any medium such information, testimonials or other comments. We shall not be under any obligation to anonymise such information, testimonials or other comments.

9.

Linked Sites

There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.

10.

Complaints

We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to support@elementshealth.co.uk

11.

Limitation of Liability – Please read carefully as this limits our liability to you

11.1

Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

11.2

If we are found liable for any loss or damage to you as a result of supplying you with the Goods such liability is limited to the amount you have paid for the relevant Goods. We exclude liability for losses that were not foreseeable to both parties when the contract was formed and losses that were not caused by any breach on our part. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

11.3

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website except where this has been caused by our negligence.

11.4

We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.

11.5

We do not accept liability for any loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

11.6

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties except where this has been caused by our negligence.

12.

Intellectual Property Rights

12.1

Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

13.

General

13.1

We may subcontract any part or parts of the Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions by giving you written notice.

13.2

We may alter or vary the Terms and Conditions at any time. Any variation will not affect existing orders placed with us. Variations or updates to our Terms and Conditions will be published on our Website. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

13.3

The Terms and Conditions together with the Privacy & Cookies Policy, any order form and payment instructions form the basis of our contract. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

13.4

If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

13.5

These Terms and Conditions and our Agreement shall be governed by relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Agreement.

13.6

No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

13.7

It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

These E-commerce Terms and Conditions were last updated on 07-02-21

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