These terms & conditions set out the basis on which you can visit and use our website. Please read them carefully as they contain important information.
This site is owned and operated by Wellbeing People
Wellbeing People is a trading name of Wellbeing People Ltd
Registered office: Woodlands, 25 Caring Lane, Bearsted, Maidstone, Kent, ME14 4NJ. Registered in England 07858207. VAT No: GB 328 0697 85. If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website, please email us at hello@wellbeingpeople.com or call us on 01622 834 834.
To register with and shop with Wellbeing People you must be eighteen years of age or over.
These Terms and Conditions were most recently updated on 14th January 2013.
All rights, including copyright, in this website are owned by or licensed to Wellbeing People, any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Wellbeing People. You may not modify, distribute or re-post anything on this website for any purpose.
Wellbeing People has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed exclusive of VAT. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. Wine vintages and labels may vary from those shown. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Wellbeing People disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Wellbeing People shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
Wellbeing People makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Wellbeing People shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Wellbeing People shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
5.1 This web site is operated by Wellbeing People ('we', 'us' or 'our'). All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published the changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated.
5.2 We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not, in any way, be re-sold or otherwise circulated without our prior written consent.
5.3 We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the email. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
5.4 You must be 18 years old or over and must have completed the registration process in order to participate in our service.
5.5 The law places certain restrictions on transactions involving alcohol, and accordingly alcohol must be either ordered by you or delivered by us during normal licensing hours. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person is there to receive the order.
6.1 The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the 'checkout' button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
6.2 The prices stated on the website will be exclusive of any VAT payable.
6.3 The price of the goods includes delivery unless otherwise stated. Should you fall outside our defined geographic territory for free delivery it may still be possible for us to provide you with your chosen goods at an additional charge to cover extra expense in the getting to ordered products to you. Please call for full details of additional charge rates.
7.1 Payment may be made by debit or credit. You cannot pay for your order by cash or cheque.
7.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
7.3 You agree to indemnify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you. We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage.
8.1 Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address through the 'My Account' feature on the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
8.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute.
8.3 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
8.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
8.5 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery.
9.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any goods that do not meet with your reasonable satisfaction. We will arrange with you for the goods to be returned to us.
9.2 Subject to clause 12.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
Under the distance selling regulations you have the legal right to cancel your order within seven working days of receipt of the goods. You are however only entitled to this right if you are able to return to us the goods you ordered. For details of how to cancel your order please contact our Customer Care department on 01622 834 834.
11.1 You may amend your order at any time prior to its dispatch to you from our premises.
11.2 In respect of non-perishable items, you have the right to cancel the contract up to 7 working days following the delivery of the goods by notifying us by telephone or e-mail. In the case perishable items you do not have the right to cancel the contract. Should you wish to cancel your order outside the cut off period set out in paragraph 11.1 we shall be entitled to charge you in full for an amount equal to the cost of the perishable items contained in your order and the cost of delivery.
11.3 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with their price within a reasonable period of the day on which cancellation was given (provided payment has already been debited to your payment card).
12.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence; neither will any of these terms restrict any of your statutory rights.
12.2 In addition to paragraph 8.4 we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
12.3 Other than as set out in clause 12.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Wellbeing People or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
14.1 In assessing your request for delivery of products from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
14.2 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
14.3 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you.
15.1 Any Customer complaints should be addressed to Wellbeing People. Customer Service Manager, the e-mail address and telephone numbers of which are listed on our website in 'Contact'.
16.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
16.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
16.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
17.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
17.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only for your personal use in placing orders through www.wellbeingtracker.co.uk and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
17.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
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