E-commerce 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 this Website you agree to be bound by these Terms and Conditions.

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 person accessing this Website and ordering any Goods from the Website;

“we”, “us” and “our” are references to Elements Health & Wellness Limited of 6 Millwright House, Basin Road, Diglis, Worcester WR5 3GR; and

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

Ordering

2.1

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.

2.2

Our Website is intended solely for use by consenting adults. By using the Website, you warrant that you are at least eighteen years of age.

2.3

Goods purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party.

2.4

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.

2.5

When ordering from this Website you may 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.

2.6

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.

2.7

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.

2.8

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

2.9

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.

2.10

All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product line or service.

2.11

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.

Prices and Payment

3.1

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.

3.2

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.

3.3

You must pay for your order before it is delivered and you can do so by debit or credit card. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.

Delivery

4.1

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.

4.2

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 ordering. 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.

4.3

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

4.4

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.

4.5

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

4.6

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.

4.7

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.

4.8

Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.

4.9

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

Your Information

5.1

Where we have requested information from you to provide Goods you agree to provide us with accurate and complete information. All information provided by you to use will be processed and stored in accordance with our Privacy & Cookies Policy.

5.2

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.

Cancellation and Returns

6.1.

Right to Cancel Non-personalised Goods (For customers based within the EU only):

6.1.1

You have the right to cancel this contract within 14 days without giving any reason.

6.1.2

The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the Goods (or, in the case where you have ordered multiple Goods as part of one order, 14 days from the day on which you acquire, or a third party other than the carrier, acquires physical possession of the last item of the order).

6.1.3

To exercise your right to cancel you must notify us immediately preferably by email to support@elementshealth.co.uk or by calling us on 07375 506 887. You must provide us with a clear statement of your decision to cancel this contract. You can also electronically fill in and submit the model cancellation form or any other clear statement on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation by email without delay.

6.1.4

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.1.5

We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been despatched. In these cases the Goods will need to be returned to us.

6.2.

Effects of Cancellation:

6.2.1

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

6.2.2

We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by you.

6.2.3

We will make the reimbursement without delay and not later than –

6.2.3.1

14 days after the day we receive back from you any Goods supplied, or

6.2.3.2

(if earlier) 14 days after the day you provide evidence that you have returned the Goods, or

6.2.3.3

if there are no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

6.2.4

We will make this reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

6.2.5

You shall send the Goods back or hand them over to us at the following address – 6 Millwright House, Basin Road, Diglis, Worcester, WR5 3GR United Kingdom without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send the Goods back before the period of 14 days has expired.

6.2.6

You will have to bear the costs of returning the Goods.

6.2.7

You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

6.3.

Personalised or Perishable Goods:

6.4.

The right to cancel an order for Goods described in clause 6.1 above does not apply to orders for

– personalised Goods,

– Goods which are made to your specifications,

– Goods which are liable to deteriorate or expire rapidly or

– Goods sealed for health protection or hygiene purposes, once they have been unsealed or opened.

6.5.

Returns where Goods are faulty:

6.5.1

Please email support@elementshealth.co.uk to inform us of your wish to return Goods quoting your order number. If you notify us of the fault within a reasonable period of delivery of the Goods to you then we will offer you the option of a full refund, repair or replacement. Goods which are liable to deteriorate or expire rapidly and which are discovered to be faulty or damaged must be notified to us as soon as possible. For faults notified to us after this time we will offer you the option of having the Goods repaired or replaced. You must ensure that the Goods are returned to us at your cost immediately by courier in good condition and unused.

6.5.2

The cost of collecting or returning the Goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you.

6.5.3

We try to select and package the Goods as well as possible to ensure they arrive in good condition. However, if the Goods arrive damaged or not what you ordered, we will replace it free of charge or provide a full refund as appropriate.

6.5.4

We recommend that all returned Goods are returned using a reputable courier such as Parcel Force or DHL.

Linked Sites

7.1

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.

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 . In the event of a dispute between us you may refer the dispute to the EU Online Dispute Resolution Platform by going to https://webgate.ec.europa.eu/odr.

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

9.1

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.

9.2

If we are found liable for any loss or damage to you as a result of suppling 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.

9.3

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.

9.4

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.

9.5

The products sold by us are provided for private domestic and consumer use only. Accordingly, 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.

9.6

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.

10.

General

10.1

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.

10.2

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.

10.3

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.

10.4

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.

10.5

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.

10.6

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.

10.7

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 09-12-20

E-commerce Terms and Conditions

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