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Terms and Conditions

(1) Introduction
These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

You must be at least [18] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our [privacy policy / cookies policy].

(2) Credit
This document was created using an SEQ Legal template.

(3) Order process
The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

To enter into a contract through our website to purchase products from us, the following steps must be taken: [you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order].

You will have the opportunity to identify and correct input errors prior to making your order by emailing: info@thehealthygirl.co.uk

(4) Products
The following types of products are or may be available on our website from time to time:

Nutrition and food supplements, vitamins, minerals and antioxidants, protein powders, CDs, audio mp3 relaxations, e-workbooks and home-study courses, nutrition & wellness consultations and 121 coaching.

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

(5) Prices
Our prices are quoted on our website.

We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

In addition to the price of the products, you [will] OR [may] have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

(6) Payments
You must, during the checkout process, pay the prices of the products you order.

Payments may be made by any of the permitted methods specified on our website.

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7 days] following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee of [GBP 25.00 including VAT]; and

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

(7) Deliveries
Our policies and procedures relating to the delivery of products are set out in this Section 7.

We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within [7 days following the date of the order confirmation]; however, we do not guarantee delivery by this date.

We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within [30] days following the later of receipt of payment and the date of the order confirmation.

We deliver products to addresses on the UK mainland. For international delivery enquires please email: info@thehealthygirl.co.uk

(8) Returns and Damaged Goods
Whilst we make every effort to ensure that products reach you in the condition that they leave our facility, we acknowledge that damage can occur during the delivery process. Should you receive damaged products, please use the following procedure:

(a) email info@thehealthygirl.co.uk immediately and within 48 hours of receipt of the product.

(b) a photograph of the damaged goods must be provided in order for us to file a claim with against courier service.

(c) Returned goods will be accepted upon receipt of the above information and email confirmation will be sent to you, along with details of where to send your return product(s).

(d) The customer is responsible for the cost of returning the product(s) and should send them by an insured courier.

(e) We will return the cost of the damaged/returned product(s) within 30 days of receiving them.

(f) This does not affect your statutory rights as a consumer.

(9) Order cancellation
We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any material breach of that contract.

You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

(10) Consequences of order cancellation
If a contract under these terms and conditions is cancelled in accordance with Section 10:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).

(11)  Website Purchasing Policy
The products on this site are for individual use only, they cannot be resold or redistributed unless a wholesale agreement has been made between The Healthy Girl and the individual reselling or redistributing the goods. The Healthy Girl reserves the right to refuse service to anyone, at any time, for any reason without notice.

(12) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

 

(a)      republish material from this website (including republication on another website);

(b)      sell, rent or sub-license material from the website;

 (c)      show any material from the website in public;

 (d)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

 (e)    edit or otherwise modify any material on the website; or

 (f)     redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter). Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

 

(13) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 You must not use our website to transmit or send unsolicited commercial communications.

 You must not use our website for any purposes related to marketing without our express written consent.

 

(14) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

 If we provide you with / you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

 You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

 You must not use any other person’s user ID and password to access our website, unless you have that person’s express permission to do so.

 We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

 

(15) User content
In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

 You warrant and represent that your content will comply with these terms of use.

 Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

 You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

 Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

 

(16) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

(17) Limitations and exclusions of liability
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

 The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 We will not be liable to you in respect of any loss or corruption of any data, database or software.

 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

(18) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

(19) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

(20) Variation
We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

 

(21) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 

(22) Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

(23) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(24) Entire agreement
Subject to the first paragraph of Section [17], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

 

(25) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

 

(26) Our details
Our full name is The Healthy Girl.

Our address is
c/o The Life Spa Limited
1a Lion Street
Telford
TF2 6AQ

Our email address is info@thehealthygirl.co.uk

About Us
Unique food supplements, products & coaching to support natural weight loss and optimum health.
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