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Terms & Conditions of Use and Terms of Trade
Your access to and use of TheHealthBay.com (use “web site”) is subject exclusively and strictly to these Terms & Conditions of Use:
1.0 - To be eligible to purchase Goods on the Website you hereby represent and warrant that you will:
- Be the holder of a valid debit/credit card and;
- Be 18 years of age or older.
1.1 - Further, you hereby represent and warrant that the personal information, which you are required to provide when you register as a customer is true, accurate and current in all respects. It is your responsibility to inform us of any changes to that information (including your email address) by contacting us at sales@TheHealthBay.com or calling 0845 505 7007 (open 8.30am to 4.30pm, Monday to Friday, except bank holidays)
1.2 - We do not permit the following:
- Any person sharing your user name and password; or
- Impersonation of any other person or entity or to use a false name or a name that you are not authorised to use.
2.0 - Introduction
2.1 - Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. This website should not be used as a replacement for advice from a medical professional. If you find an error or omission at this site, please let us know. Images on the website may not be accurate and may not represent the actual product, please do not purchase items based on the product image. Manufactures often change their packaging and formulations without warning. Please contact us before purchasing if you have any queries.
3.0 - Delivery
It is your obligation to enter the correct delivery address at the time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. The delivery address cannot be changed once the order has been shipped.
Once you have placed an order, if we are unable to ship any part of it, we may at our sole discretion, either send you part of the order that is not stock or remove item(s) from the order.
All deliveries are estimated dates only and not guaranteed.
If your order consists of specialist luxury items, fragrances, fitness equipment or electrical items, these may take slightly longer to dispatch from our warehouse due to the size and weight of the product(s).
If you are not at your delivery location or if there is nobody available to take the delivery of your order then your order maybe left with a neighbor or in a safe location. You accept the responsibility that your order maybe left in these circumstances and that The Health Bay or PHD-Commerce LTD will not be liable for any items that are (1) Damaged, (2) Unable to be retrieved from a safe location or neighbor. It is your responsibility to retrieve these items at your own cost / risk.
The selected delivery service is not guaranteed, we reserve the right to send your order on another delivery service with a different delivery time scale at any time.
Our current delivery charges are subject to change at any time
3.1.1 - Within the U.K
Free Delivery on all orders over £40. Please note that Free Shipping offers do not apply to orders outside of the UK. *
For orders under £40 in value, we charge £2.95 for UK delivery except where extra delivery charges may apply for bulky or heavy items. The vast majority of orders are despatched either on the same day or the following day. A signature may be required on receipt of your item(s). Our standard delivery option includes packaging, handling and Royal Mail 1st Class delivery postal costs.
Normal delivery takes between 1-2 working days, depending on which service you have selected.
In order to confirm that an order shipped via post has indeed been lost, we must wait 15 working days before resending the order, subject to the discretion of PHD Commerce Ltd. Most lost items are located within the postal system within this period of time. If your item is lost or undelivered, you should contact your local Delivery Office to see if they are holding the order, having already tried unsuccessfully to deliver it to you. To find your nearest UK Sorting Office call Royal Mail on 08457 740 740 or visit their website at www.royalmail.co.uk. Please note that any redirections, due to incorrect delivery addresses, will be subject to a £5.50 charge. This charge is levied by the courier and as such we have to pass this charge on, if it is found that the delivery details were incorrect, or you require your order to be delivered to a new address.
* Free shipping over £40 is not available on groupon based purchases unless stated.
* Large orders that require more than 1 box may be subject to additional delivery charges, subject to customers approval.
3.1.2 - European Union Countries
Deliveries to countries within the EU are calculated at the checkout and the cost is based on weight. You can select from DPD tracked and fully insured or Royal Mail untracked and uninsured. Please note that if your order requires more than 1 box, then extra charges may apply.
The amount stated applies to the majority of dispatched parcels. For some orders, certain weight restrictions apply.
It is within PHD Commerce Ltd discretion to send large and/or heavy items with a courier service to accommodate the weight and size of the package. If we deem your order is of an excessive size or weight, this may incur additional delivery charges which we shall contact you about prior to the order being dispatched from our warehouse.
In order to confirm that an order shipped via post has indeed been lost, we must wait 28 working days before resending the order, subject to the discretion of PHD Commerce Ltd. Most lost items are located within the postal system within this period of time. If your item is lost or undelivered, you should contact your local Delivery Office to see if they are holding the order, having already tried unsuccessfully to deliver it to you.
Charges may be applicable if the order requires the shipment of more than one box.
3.1.3 - Outside the European Union - America and the Rest of the world
Deliveries to countries outside the EU are calculated at the checkout and the cost is based on weight. You can select from DPD tracked and fully insured or Royal Mail untracked and uninsured. Please note that if your order requires more than 1 box, then extra charges may apply.
Note: Certain weight restrictions apply.
We accept no responsibility if your order is stopped, held or destroyed by international customs.
If your item(s) are returned back to us for whatever reason, we will resend the items subject to a redelivery charge (based on size of package and destination). If you decide to not have the goods returned, we will charge a £15 restocking charge (or 15% of the order value if over £100). We will be unable to refund actual delivery costs (these could be over £14.99).
In order to confirm that an order shipped via post has indeed been lost, we must wait 25 working days before resending the order, subject to the discretion of PHD Commerce Ltd. Most lost items are located within the postal system within this period of time. If your item is lost or undelivered, you should contact your local Delivery Office to see if they are holding the order, having already tried unsuccessfully to deliver it to you. We cannot accept responsibility for packages held by customs.
3.2 - Returns and Exchanges
Return of unwanted items - Cooling off period
It is your responsibility to contact PHD Commerce Ltd by email or phone to advise us of your intention to return or exchange any item(s) within 7 days of receipt of them. After this date, it falls solely within the discretion of PHD Commerce Ltd if a return or exchange will be accepted. Once notified, all items should be received at PHD Commerce Ltd within 15 days from the date of delivery for this condition to apply. Please note that, once opened and or used, products cannot be returned to us unless the product is faulty or broken. In addition products of a medicinal, cosmetic or personal nature cannot be returned due to reasons of hygiene. We will not refund your order unless the item/(s) are in saleable condition upon return. We strongly recommend that returns are sent by 'insured registered delivery' and the original proof of posting is kept. Please note that we are not responsible for return postage other than for incorrectly supplied, defective or damaged Goods. Return postage for Goods returned for any other reason shall be solely at your cost and we will not be liable for any losses incurred should the goods returned be lost or go missing.
You must return items to PHD Commerce Ltd by using the returns and exchanges procedure. Please note that if the item has already been shipped from our warehouse a £10 handling charge will also apply.
Any order refused on delivery will be charged at a standard rate of £15.00. Any order returned by the customer and paid by the customer will be refunded up to a maximum amount of £5.00. If you appoint PHD Commerce Ltd to collect your return order and you are not in, there will be a charge of £15.00. If an order is returned to us due to an incorrect address, refusal of order, no access to property etc, then all redelivery's will be subject to a £5.00 redelivery charge.
Return of faulty or damaged items
You should visit the step by step guide on our website for full guidance on how you should do this. To help us process returning goods, we would be grateful if you could supply details of your order number, name, date of order and goods return authorisation code (provided by customer services). If the item is returned without a goods return authorisation code we will be unable to offer an exchange. You will also be liable for the cost of re-delivery and our fees (which may exceed the original cost of delivery). We highly recommend that items are returned via a Recorded Delivery service as we do not accept responsibility for items lost in the post. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. PHD Commerce Ltd will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to recover our fees and expenses from you.
However, you should note:
- Electrical and photographic equipment will only be accepted if complete with all leads, accessories and software. Any software must have its original seal intact to be accepted.
- Health and fitness equipment will only be accepted if dismantled and boxed as received.
Please note that, once opened and or used, products cannot be returned to us unless the product is faulty or broken. In addition products of a medicinal, cosmetic or personal nature cannot be returned due to reasons of hygiene.
All returns are evaluated before being processed.
If you refuse delivery due to an item being damaged, you should refuse delivery and notify of this within 7 days as stated above. If you are unaware of the damage in transit, the 7 day period still applies however once this has expired, any return is solely within PHD Commerce Ltd’s Discretion.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the item(s) are in a saleable condition upon return.
You may return damaged or faulty item(s) within 28 days of receipt of them. If an item is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.
Once we receive the returned items at our warehouse, you should allow a further 14 days for a replacement to be re-sent.
Damage & Refunds
In the unlikely event of you receiving a damaged item/order, you will in most cases be asked to provide evidence of the damage in the form of a photo and email. Once it has been determined that damage has occured, we will then start the claims process with immediate effect. You will be sent a damage questionnaire by the courier. Please complete the questionnaire and return to the appropriate address. Once the courier has received the completed questionnaire, we will then be able to refund you. We cannot process any refunds or replacements unless the courier is in receipt of the damage questionnaire.
Failed or Missing Deliveries
If you are not available to receive your items and they are returned to us we will charge a £10 (or 15% if the order is over £100) restocking fee if you decide not to have the items re-delivered.
In the event of non-delivery, please allow up to 10 working days from the date of order for the item to arrive. Non-delivery must be advised in writing to thehealthbay.com within 14 days from dispatch of the order. TheHealthBay.com shall not be liable for any consequential loss or damage whatsoever amd however rising. We reserve the right to question your claim and if the tracking shows your parcel has been delivered we cannot be held liable. Fraudulent claims of non-delivery will be taken extremely seriously and may involve the police or other forms of security.
If you return an item without prior approval and an authorisation code, we will be unable to process your return and no refund or replacement will be provided. Unauthorised returns may be sent back to the sender with a delivery charge and £15 administration fee. If you return an item to the incorrect address we will charge a £15 administration and delivery charge.
4 - Payment & VAT
4.1 - The total cost of your order is the price of the goods plus card processing and delivery charges as set out in the Deliveries section. All debit/credit card payments are processed for you by SagePay (Protx) and is then paid to TheHealthBay.com.
4.2 - You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal.
4.3 - We are not responsible for your card issuer or bank charging you as a result of your credit/debit card payment.
4.4 - The price for the goods as set on the Web site includes VAT. We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination. Our VAT number is 984 0336 09.
5 - Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner, suppliers, manufacturers and partners of the owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
6 - External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
7 - Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you, which include bulletin boards, hosted pages, chat rooms, review comments or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
7.1 - defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
7.2 - publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
7.3 - post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
7.4 - violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
7.5 - submit contents containing marketing or promotional material which is intended to solicit business.
8. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
10. Disclaimer of Liability.
The Website Owner and its directors, shareholders and associated persons shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
11. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
12.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. Please contact us if you require clarification on any of the terms in this statement.
12.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
PHD Commerce Ltd will not be held responsible for lost parcels caused due to an incorrect delivery address entered by the customer. Delivery address cannot be changed once the order has been shipped. PHD Commerce Ltd are unable to refund courier delivery charges. Courier delivery does not guarantee next day delivery. In the event of the parcel not being delivered next day, delivery charges will not be refunded. We accept no responsibility if your order is stopped by international customs. We are unable to dispatch dangerous goods such aerosols & flammables to international locations due to transport regulations
14. Pricing & purchasing
RRP is an abbreviation of Recommended Retail Price. RRP prices are displayed to highlight normal high street prices. We endeavor to manually check RRP prices periodically but cannot guarantee they are 100% accurate in all cases. Please ensure you have checked the sale and RRP prices for yourself before purchasing items from our website. The sale of products from this website are subject to availability. Your order for a product is an offer to purchase and PHD Commerce Ltd retains the discretion to refuse your order. No contract of sale is deemed to have taken place until PHD Commerce Ltd have dispatched your order.
Errors & omissions accepted.
16. Governing Law
This website and these Terms are governed by and construed in accordance with English Law. You hereby agree unequivocally that any disputes arising in connection with this website or these terms shall be subject to the exclusive jurisdiction of the English courts without exception.
17. Exchange Rates
Exchange rates can change at ANY time, please check your bank statement immediately after ordering. The amount charged on to your bank / paypal account may not reflect what is displayed on the screen at time of ordering or on any communication(s) from The Health Bay or PHD-Commerce LTD. We recommend that users switch to placing orders in GBP to check the final transaction amount. All transactions are placed using GBP, your bank or paypal may charge your account at a different exchange rate than expected. The Health Bay or PHD-commerce LTD will not be liable for any variations in exchange rates, placing an order in any other currency that isn't in GBP and being charged to a none GBP bank account or Paypal account is deemed at your own risk. Placing an order in any currency other than GBP is deemed at your own risk, PHD-Commerce LTD or The Health Bay will not be liable for the different amount charged to your card / Bank account or paypal account.