Terms and Conditions for the Sale of Products You will be asked to expressly agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, you may not order any Products from this Site.
(1) Definitions and interpretation In this Agreement "we" means Health Zone Limited (and "us" and "our" shall be construed accordingly); and "you" means the relevant customer or potential customer as the case may be (and "your" shall be construed accordingly).
In this Agreement, the following definitions shall apply:
"Agreement" means this agreement;
"First Acknowledgement" means the initial automatic email acknowledgement which we will send to you after receiving your Order;
"Order" means your order for Products made via the Site;
"Products" means goods which may be purchased by you from the Site;
"Second Acknowledgement" means the email acknowledgement which we will send to you (where appropriate) confirming acceptance of your Order; and
"Site" means the website at www.healthzoneuk.com or any successor site operated by us from time to time.
(2) This Agreement The advertising of Products on the Site constitutes an "invitation to treat"; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps: (i) you must add the Products you wish to purchase to your shopping cart, and then proceed to the check out; (ii) if you are a new customer, you must then create an account with us and press "continue"; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery, confirm your delivery and billing addresses, and specify your method of payment; (iv) you will then have the opportunity of identifying whether you have made any input errors in your Order, and you should correct those input errors before placing your Order; (v) after you have placed your Order, we will send you the First Acknowledgement; and (vi) upon the dispatch of your Products, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract). If we are unable to meet your Order, we will usually confirm this by email.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
(3) About us The full name of our company is Health Zone Limited. We are registered in England & Wales under registration number 03349945.
Our registered office is at Suites 8 & 10, Gough House, 57 Eden Street, Kingston Upon Thames, KT1 1DA; whilst our principal place of business is at 30 Wimbledon Hill Road, London, SW19 7PA.
You can contact us by email to firstname.lastname@example.org.
Our VAT number is 697028009.
(4) Price and payment Prices for Products are quoted on the Site. The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated when you pay for the Product.
In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated when you pay for the Product.
Payment must be received in cleared funds in advance of the dispatch of Products. We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, in cleared funds, within a reasonable period following receipt of your Order.
The prices on the Site include UK value added tax (where applicable).
Payment for all Products must be made by any method detailed on the Site from time to time.
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
(5) Delivery We will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products within the relevant time periods set out on the Site (which will depend upon your location and the method of delivery that you choose). However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Second Acknowledgement.
Where delivery has been attempted but has not succeeded and (where applicable) you have not collected your Products from the local sorting office or other respository of undelivered mail within the relevant time period, you will not be entitled to a refund in respect of the Products. We will however re-dispatch the Products following receipt of a further payment in respect of delivery.
(6) Risk and title The Products will be at your risk, and you will be the owner of the Products, from the time of delivery.
(7) Returns policy Subject to the limitations below, if you are a consumer in the EU you may cancel this Agreement at any time within 7 working days after the day you received the Second Acknowledgement, save to the extent that this Agreement relates to Products which: (i) cannot be returned or are liable to deteriorate or expire rapidly, such as certain foods and beverages; (ii) consist of audio or video recordings or computer software which have been unsealed by you; (iii) consist of newspapers, periodicals or magazines.
If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not return to the Products to us within 28 days of our receipt of your notice, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
(8) Defective Products You may also cancel this Agreement if the Products supplied are defective.
Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
(9) Refunds If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
(10) Warranties We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; the import of the Products (where relevant) will not breach any law or regulation in your local jurisdiction; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
Product information (for example, relating to recipes, ingredients or dietary suitability) may be inaccurate and Products will change from time to time; you should therefore check the Product information on the packaging of a product before using that Product.
Nothing on our website should be treated or construed as medical advice. You should consult a doctor or other qualified medical practitioner to obtain any medical advice you may require.
(11) Limitations of liability Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(12) General terms Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts will have exclusive jurisdiction with respect to any dispute arising under this Agreement.