Terms & Conditions
TERMS & CONDITIONS
These terms and conditions apply to the use of the entire website www.wellicious.com by accessing this website and/or placing an order and to any correspondence between us and you. Access to some areas of this website might be restricted and can be accessed only if you register. Please read carefully our terms & conditions before using our website or placing an order. If you do not agree to be bound by these terms and conditions you may not use or access this website. This notice has been issued by Wellicious.
From time to time we may run competitions, free prize draws and promotions on this website, which will all be governed by the general terms & conditions set out here, as well as any additional terms applying to the specific content or events in question. Please be aware that we may revise theses terms and conditions at any time by updating. Please check this website on a regular basis to review the current terms and conditions, since they are binding. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website. Nothing in these terms and conditions shall affect your statutory rights as a consumer.
"Conditions" means these terms and conditions; "Product" means a product displayed for sale on the Website; "Personal Information" means the details provided by you on registration; "We/us" means Wellicious; "Website" means the website located at www.wellicious.com or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.
You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website may only open to you if you register. You will be required to register with us before placing an order. You are provided with access to this Website in accordance with these Conditions and any orders placed by you will be strictly in accordance with these Conditions.
To register with wellicious.com you must be over eighteen years of age. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
By registering, you warrant that:
1) The Personal Information which you are required to provide when you register with the website and place orders as a customer is true, accurate, current and complete in all respects; and
2) You will notify us immediately of any changes to the Personal Information by updating these online or by contacting Customer Services at email@example.com
3) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use and 4) that the credit, debit or store card you use are yours.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
COMPETITIONS, FREE PRIZE DRAWS AND PROMOTIONS
Please check when the respective competition, draw or promotion closes. Entrants must be 18 years or over. All completed entries received by by the closing date will be entered into a draw for the prize. No responsibility can be accepted by Wellicious for entries made after the closing date, for incomplete entries or those not properly received by this date for reasons beyond our control. The winner will be notified within 7 days of the draw taking place. There is no cash alternative to the prize. The judges' decision is final and no correspondence will be entertained in this regard.
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
We reserve the right to suspend modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
We attempt to ensure that the information on this Website is correct; however we do not warrant the accuracy and completeness of the material on this Website. We may make changes at any time to the material on this Website, or to the products and prices described in it. Please be aware that the material on this Website may be out of date, and that we may not commit to update such material.
The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Conditions might have effect in relation to this Website.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and the officers, directors, employees, stakeholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these Conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
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.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required creating the contract between you and us are as follows. You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website; and you will be given the opportunity to check your order and to correct any errors.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Wellicious.
As your product is shipped from our warehouse we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered even if your payment has been processed immediately unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions on the website. Non-acceptance of an order by us may be a result of one of the following
1) The product you ordered being unavailable from stock.
2) Our inability to obtain authorisation for your payment.
3)The identification of a pricing or product description error.
4) You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
RIGHT OF WITHDRAWAL
You always have the right to withdraw from your order within 14 days, without giving any reason. The withdrawal period is counted from the day of the delivery of the last good(s) in your order. In order to exercise your right of withdrawal you have to notify Wellicious Ltd clearly about your decision to withdraw from the contract via post, fax or email. Please email us to receive a template withdrawal letter: firstname.lastname@example.org
However, to meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order, before the withdrawal period has expired.
Send the withdrawal to:
ALL ORDERS TO
c/o GECCO GmbH
Gewerbering Süd 2
Effects of withdrawal
We will refund all payments for full-priced items received from you, including the costs of our standard delivery option, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment that you used to pay for your order and this will not cause you any extra fees. We may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Sale items may be refunded within 7 days of receipt of order if they are sent back in perfect condition with proof of purchase. After 7 days of receipt of order, sale items can only be returned for an exchange or credit note if they are sent back in perfect condition within 30 days of receipt of order.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you received your item(s). You will cover the immediate costs for sending back the item(s). Sale items must be sent back within 7 days of receipt in order to receive a refund. After that, we will give you a credit note or exchange.
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.
PRICES AND PAYMENT
We display the price of our goods on our wellicious.com website. We attempt to keep the website up to date and error free, however occasionally error in pricing may occur. In this case, we will contact you before accepting your order and inform you about the correct pricing details.
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified and payment will be debited and cleared from your account as set out in the Payment section of this Website.
You confirm that the credit, debit or store card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-acceptance of your order.
In the event that the Goods that you order are not available, we might offer you with substitute goods of equivalent quality and price.
Wellicious will deliver the Goods to the address you gave us, when you registered on the website, unless you have specified a different delivery address to us.
At wellicious.com we make every effort to ensure your purchase gets to you quickly, safely and in the most cost effective way possible. Please choose from the delivery services available to you during the checkout process. Please note however that the delivery of your order may be restricted to a particular service depending on the size, weight and chosen destination of the package. We endeavour to dispatch all orders within 24-48 hours however we do ask for your patience during busy periods. For UK deliveries, your goods will usually be delivered within 4-5 working days (for other destinations, please allow 3-9 working days after dispatch), but please allow 28 days for delivery. We will notify you if we are not able to deliver your order within this period and reimburse any sums already paid by you within 28 days.
We will send you an initial email confirming receipt of your order. Upon our acceptance of your order, the Goods will be packed and dispatched and we will send you an email confirming the dispatch details (date, shipping reference number, etc.). Orders can be delivered to either business or residential addresses, however all packages will require a signature on receipt of delivery. It is customary for the dispatch companies we use to leave a notification card with their contact information if the delivery address is unattended at the time of delivery, however this may not always be the case. Wellicious will not take responsibility if a notification card is not left in any instance. The risk in the goods will pass to you as soon as they are delivered to you.
REFUSAL OF TRANSACTION
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
You can return unused full-priced goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you unless the fault is with us. Returns should be made in the original packaging. Upon receipt of the goods we will give you a full refund of the price paid or an exchange credit as required.
Sale Items may be returned with 7 days within receipt of order if they are sent back in perfect condition. After 7 days of receipt of order, sale items can only be returned for an exchange or credit note if they are sent back in perfect condition within 30 days of receipt of order.
The above rights to return the goods to us will not apply in the event that the product has been used, and to any products that we have made or customised specifically for you.
You are allowed to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Conditions, any use of extracts from this Website for any other purpose except in accordance this clause is prohibited. If you breach any of the terms in these Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Subject to the aforesaid, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any of our rights not expressly granted in these terms are reserved.
VISITOR MATERIAL AND CONDUCT
You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause.
LINKS TO AND FROM OTHER WEBSITES
Any links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the wellicious.com logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any wellicious.com trademarks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of this clause.
GOVERNING LAW AND JURISDICTION
These Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Conditions shall be subject to the exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Conditions.
If any provision of these Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these Conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.