This page together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it OR please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms, which will apply at that time. These terms were most recently updated on 6th November 2017.
These Terms, and any Contract between us, are only in the English language.
- Information about us
VitalityWise endeavours to provide a smooth online experience for its customers. When using our website you accept that communication with us will mainly be electronic. Therefore, we will contact you by email or provide update notices on our website. We reserve the right to change these terms and conditions from time to time. Please note that these changes do not affect your statutory rights.
1.1 We operate the website www.vitalitywise.com and we are VitalityWise Limited registered in the UK under Company Registration No: 11056638.
1.2 To contact us, please see our Contact Us page.
- Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products can vary slightly from those images in size, weights, capacities, dimensions and measurements.
The packaging of the Products may vary from that shown on images on our site. All Products shown on our site are subject to availability. We will inform you by email within 3 working days if the product ordered is available. We will not process orders if the items are out of stock or backordered.
- Use of our site
You may not use the site in violation of UK export laws and regulations. The contents on this site are for general use by our customers at their own risk. Whilst Fall Forward Ltd has contributed to the contents on this site, we ensure that all information is subject to improvements and changes by us.
- How we use your personal information
Data Protection – Here at VitalityWise we value your privacy and will take the necessary precautions to comply with the online data protection regulations. Personal data shall be processed fairly and lawfully and follows the data protection act for the UK/EU.
- If you are a Consumer
If you are a Consumer, you may only purchase Products from our site, if you are at least 16 years old or over. As a Consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect your legal rights.
- If you are a business customer
This Clause (Clause 6) only applies if you are a business.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
These Terms and Conditions, and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, which is not set out in these Terms and Conditions or any document expressly referred to in them.
- How the contract is formed between you and VitalityWise?
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 order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
We will confirm our acceptance to you by sending you an e-mail [that confirms that the Products have been dispatched] (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in Clause 1.1, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Retention or Reservation of Title
Under the United Kingdom Sale of Goods Act 1979, VitalityWise retains legal ownership of the goods until payment of each item is successfully received in full from the buyer. We reserve the right to terminate buying contracts if your transaction fails.
All goods are properly packaged and sealed to prevent any damages.
- Our right to update these Terms and Conditions
We may revise these Terms and Conditions from time to time in the following circumstances:
(a) Changes in how we accept payment from you;
(b) Changes in relevant laws and regulatory requirements.
Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms and Conditions in accordance with this Clause 8, we will keep you informed and give you notice of this by stating that these Terms and conditions have been amended and the relevant date at the top of this page.
- Your consumer right of return and refund
This clause (Clause 9) only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a Contract [under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Please be aware that this excludes jewellery and accessories for hygiene purposes. Advice about your legal right to cancel the Contract under UK regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
If any reasons are given by customers for a return or refund please contact VitalityWise. Goods eligible for return/refund must be unused and must be reported within 14 days from the delivery date. The goods must be unused and in its original packaging. Please send pictures of defective products upon arrival to us with order references. This does not affect your legal rights.
For any unwanted items please send pictures of item and its original packaging to firstname.lastname@example.org along with invoice number where our customer services department will be happy to assist you with this. Please note unwanted items to be returned are the responsibility of the customer. Please obtain proof of return receipt from your local post office and keep this safe.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between you and VitalityWise is formed. If the Products have already been delivered to you, you have a period of 7 days in which you may cancel, starting from the day after the day you receive the products.
You will receive a full refund for the price you paid for the products and any applicable delivery charges you paid for, except if its an unwanted item by the customer. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation, as described above.
We will refund you on the credit card or debit card used by you to pay. You must return the product to us as soon as possible (within 14 days) for the refund to take effect. Please see our Contact Us page for our address for your return. Ensure a return receipt from your local post office is in your possession as proof of return back to VitalityWise.
You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
As a consumer, you will always have legal rights in relation to products as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
VitalityWise ships all parcels with UK Royal Mail safely and in a timely manner. Standard UK delivery is 3 – 5 working days from order despatch. Please allow 1 to 2 days for your order to be processed especially orders placed on the weekend and bank holidays.
Your order will be fulfilled by the estimated delivery date set out in the despatch confirmation. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the products to the address you gave us. If you will not be at home any day they try to deliver our advice is to contact our local delivery agent in your area if a card for collection is not visible.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
No International Delivery
Unfortunately, we do not deliver to addresses outside of the UK.
You may place an order for Products from outside the UK, but this order must be for delivered to an address in the UK.
- Price of products and delivery charges
The prices of the Products will be as quoted on our site. VitalityWise takes full responsibility, reasonable care and use our best efforts to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of products we are within our rights to amend this accordingly.
Prices for our products may change from time to time, but changes will not affect any order, which we have confirmed with a despatch confirmation.
The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
The price of a product does not include delivery charges. Our delivery charges are as quoted on our site and subject to changes by VitalityWise. To check relevant delivery charges, please refer to our Shipping & Returns page. Delivery charges will be calculated once you enter your shipping address and will be displayed before you finalise your order.
Our site contains a large number of products. If we are unable to contact you using the contact details you have provided during the order process, we will treat the order as cancelled and notify you by email first and in writing.
- How To Pay
You can only pay for Products using a debit card or credit card or PayPal options. We accept most major credit and debit cards for payment.
Payment for the Products and all applicable delivery charges is in advance and your card will be charged once the Customer has confirmed by pressing the proceed to order button.
- Our liability if you are a Consumer
If we fail to comply with these Terms and Conditions, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity under the Sale of Goods Act 1979.
- Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our sold products, obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means when the product is in your possession and is now your responsibility or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an event outside of our control takes place that affects the performance of our obligations under these Terms and Conditions, we will contact you as soon as possible with alternative options best suited for you.
Other Important Information
This contract is between VitalityWise and the customer. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
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 (email form included) and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that English law governs these Terms and Conditions. This means a Contract for the purchase of Products throughout our site and any dispute or claim arising out of or in connection with it will be governed by English law. Both VitalityWise and the customer agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Liability – Under the United Kingdom Consumer Protection Act any case / complaint brought forward due to accusation of harm by products sold, proof to be submitted that the product sold was in fact defective or harmful will be resolved according to our Terms and Conditions and the governing law.
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Lost or Stolen
VitalityWise is not responsible for lost or stolen products once the parcels are despatched from our warehouse. In the rare event your parcels have been lost or stolen VitalityWise will provide tracking numbers (if there are any).