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Terms and Conditions

 


(Updated 12th May 2012)


This website is operated by thehealthandbeautyshop.co.uk (referred to as "The Health and Beauty Shop/thehealthandbeautyshop.co.uk/The Health & Beauty Shop/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below.

 

Please:

·  read through these terms and conditions carefully before using this website

· print a copy for future reference.

· also read our Privacy section regarding your personal information.

 

1. General

 

1.1

We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

 

1.2

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website

 

2. Order process

 

2.1

In order to use your reward points, please visit the Reward Points Section of the website for information on how to use this feature.

 

2.2

The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email. Please note that this email is not an order confirmation or order acceptance from The Health & Beauty Shop.

 

2.3

Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Guarantees and Returns Policy).

 

2.4

We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.

 

3. Delivery

 

3.1

All goods must be signed for by an adult aged 18 years or over on delivery.

 

3.2

Delivery charges and estimated timescales are specified in Delivery section and also when you place an order. We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. The Health & Beauty Shop shall be under no liability for any delay or failure to deliver the products within estimated timescales.

 

3.3

If you have not been present when a parcel has been delivered then the item will be returned to the depot. It is your responsibility to collect the item from the depot within the time period stated by the courier, if the item is not collected then the parcel will be returned to us. The couriers will charge for returning the items to us, and we will pass this charge onto you as a result. You will be notified of this charge via email and the charge will be taken from the original card you placed your order with. We take no responsibility for parcels returned to us after successive delivery attempts and any return charges will be passed to you.

 

 

3.4

If the package has not been accepted or rejected besides the valid reasons (see 3.3) during delivery, the respective courier will make a return charge to The Health & Beauty Shop. This charge will be required to be paid before processing a redelivery or will be retained if order has been cancelled.

 

3.5

In the event where deliveries have failed due to incorrect address specified or if no one is available to accept delivery at time when courier attempts to deliver goods, the courier will hold the goods at their depot for a small period of time (anytime between 3-5 days). If a card has been left by the courier requesting you to contact them, you are requested to contact them to arrange a re-delivery at same address at a suitable time. Failure to do so quickly (normally within 2 working days) may cause the parcel to be returned back to us. Although every effort is made to ensure goods are delivered to you in good time and at address specified, certain circumstances may fail deliveries (for e.g. unable to find address or no one to accept parcel etc). In order to solve such problems during delivery or if you wish to advise us of change of delivery address after goods have been shipped, you are requested to contact us on first occasion. Normally a charge is incurred for amendments of delivery addresses which can be accepted by yourself or you may simply arrange to collect the goods from the courier depot where possible without any charges. Failure to do so or if you advise a change of address directly with the courier without notifying us will incur an additional charge which will be passed on to you unless we have already authorised this change with the courier.

 

 

3.6

Upon delivery it is your responsibility to check package and its contents thoroughly. If you notice any signs of security tape damage, theft or attempt for theft, damage of goods or any unacceptable condition of package and its contents you are requested not to accept the package. If you are willing to accept the package then you are requested to sign on the delivery note what you have noticed for e.g. Goods Damaged or Theft Attempt etc. FAILURE to comply with these terms will NOT enable you to make any claims against the above conditions and NO credit will be issued.

 

 

3.7

Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

  3.8

In certain instances,  you may encounter a delay in the delivery of your items due to adverse weather conditions or postal strikes. In such events, please contact us and we shall try and assist in the matter. We shall not be held liable for such delays if we have despatched the goods within the estimated timescales.

We cannot replace the goods until confirmation from our courier or Royal Mail is recieved that the goods have been lost.  The replacement process will only begin if the goods have not been recieved for 16 days after despatch. If this were to happen, please contact us with the order number, shipment date and tracking number that was submitted to you for the said order. Once we have recieved the request, we shall request the courier company for a confirmation of non-delivery of the goods. Once we have recieved the confirmation, we shall contact you to organise a new delivery of the same goods.

 

4. Payment

 

4.1

We take payment from your card at the time we despatch your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods and if no goods have been already dispatched.

 

4.2

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

 

4.3

Payment can be made by any method specified in Payment Information step during checkout. For information about secure on-line ordering see our Privacy Policy.

 

4.4

All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated. 

 

 
 

5. Returns, Cancellations and Substitutions

 

5.1

We offer a 7 day money back guarantee, please refer to the Returns Process. Some products are excluded from the 7 Day Money Back Guarantee. These would normally include personalised products or specially ordered products and more information in the Distance Selling Regulations Section. Your statutory rights are unaffected. Please note all shipping charges that have incurred prior cancellation of your order will be retained to cover costs if order has been cancelled for no reason or if user does not accept a replacement.

 

5.2

Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 7 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Returns Policy page for further details). Please note any courier charges will be retained where the fault has not been or resulted from The Health & Beauty Shop.

 

 

5.3

Please note that NO REFUND will be passed for goods that are faulty or defective after the 7 Day Money Back Guarantee time. The Health & Beauty Shop will replace or exchange all faulty products available from the manufacturer, and if the identical product  is no longer available then we will exchange for an equivalent product or offer you credit vouchers which can be used to purchase products from our website. See section 5.6 for information on how guarantees work on returned products.

 

5.4

If you receive goods that you feel are not as stated, do not satisfy your requirements, or not up to your standards (for e.g. superficial marks on packaging or product, dust etc) we are happy to pass refund on the value of the goods if you have advised us of this within 7 days of delivery and only once we have received your goods back in its original condition. Please note that all delivery costs already incurred will be retained before passing refund. Please note that we offer a discounted shipping rate structure to offer you great value and in order to continue doing so we are unable to pass you full refund as the actual shipping cost will be retained before passing refund.

 

5.5

Although every effort is made in checking all goods before dispatch, in some occasions incorrect or faulty goods may be received for which we do apologize for any inconveniences caused. The Health & Beauty Shop will assure that all such problems are solved and do request your co-operation in doing so. Once an incorrect or faulty delivery has been received, it is your responsibility to advise us of this within 7 working days after delivery using the Contact Us function in the website. Once a return-request has been accepted, you are requested to send goods back to us (via your local post-office or courier or whichever more cost-effective). The return-shipping cost incurred to you will be settled in form of refund or credit vouchers only for the value of the shipping amount that you paid at time of ordering (as similarly operated when returned in-store). If the cost of sending goods back to us is reasonably high, then we do request you to contact us where we can assist in coming to an agreement to solve problem in a cost-effective manner for both parties. In some circumstances we may arrange a collection from your address once a collection charge has been accepted by yourself (available only within mainland U.K.). We will do our level best to compensate you for your costs in form of goods or gift vouchers; however we regret to advise you that we are unable to compensate you fully where the cost of return is not viable.

 


5.6


Although we stock the best quality products, sometimes faults may be discovered after purchase. The Health & Beauty Shop offer a guarantee against manufacturer faults for a maximum of 1 year from the date of first delivery. Faulty products are required to be sent back for fault examination. If a genuine manufacturer fault is established, we will send the replacement that may be either repaired or exchanged. If an identical replacement is not available, we will offer an alternative product of similar value. However if for any reason you are not happy to take the replacement, we will offer you Reward Points that may be used to purchase goods from our website. To avoid doubt, all products exchanged, swapped, or purchased with Reward Points (only applies to vouchers issued from a return), will be guaranteed for only the balance of the initial 12 month period.

 


5.7


All electrical products purchased from our website are covered by warranty only within the United Kingdom. Therefore if these products experience any defects or problems during operation whilst outside the United Kingdom, they will have to be sent back to us at your own cost where we will assess the problem and arrange for it to be fixed or replaced within the warranty period. A reshipping cost will be required for items to be shipped back out to you irespective of a fault being found or not, which will be agreed prior dispatch.

 

5.8

IMPORTANT: Please note that we will be unable to refund or exchange any breastpumps and breastpump accessories as they are products related to personal hygiene. This guarantee does not affect your statutory rights, governed by the EU Distance Selling Directive which is part of UK law under the Consumer Protection (Distance Selling) Regulations 2000.

 

Special note about Breastpumps 

All breastpumps (only motor unit and adaptor) are covered by either a 6 or 12 month guarantee (depending on the pump) against any faults, and will be either replaced or repaired free of charge in case of any fault within this period*. Under these circumstances the breastpump motor must be confirmed as faulty by us or the manufacturer.  You will need to contact us PRIOR to returning the item.  Please email us on info@thehealthandbeautyshop.co.uk  detailing the issue you may be experiencing.


PLEASE NOTE that unless faulty, we will not be able to exchange or refund any used breastpumps so we strongly advise seeking advice from The Health and Beauty Shop or your healthcare professional before making your purchase. It is worth noting that if you have been using a hospital grade breast pump (including Symphony or Pump In Style), you may experience poor results by either changing brand or by using a less powerful pump of the same brand.

*If a replacement or cover pump is necessary and authorised by Medela, this will be dispatched at customers own cost.
Please note that faulty breastpumps outside of the UK mainland will also need to be returned for testing at customers own cost.

 

 

 

 

 

6. Liability and Indemnity

 

6.1

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

 

6.2

Subject to Section 6.1 above, The Health & Beauty Shop will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website, The Health & Beauty Shop will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and The Health & Beauty Shop accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

 

6.3

Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

 

6.4

Subject to Section 6.1 above, The Health & Beauty Shop will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

·         economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

·         economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

·         loss due to currency exchange-rate fluctuations (we take payment in British Sterling Pounds GBP and currency exchange rates fluctuate constantly in which case we cannot be held liable for loss of value in foreign currency during payment authorizations and refunds as value will remain the same in GBP Sterling Pounds ); or

·         loss of goodwill or reputation; or

·         special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

 

6.5

Notwithstanding the above, subject to Section 6.1 The Health & Beauty Shop’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

 

6.6

This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

 

6.7

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

 

7. Miscellaneous Provisions

 

7.1

The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

 

7.2

We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.

 

7.3

The Health & Beauty Shop shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

 

7.4

To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

7.5

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by The Health & Beauty Shop.

 

7.6

The Health & Beauty Shop reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

 

7.7

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

 

7.8

These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) a person who is a permitted successor or assignee under Section 7.7 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section 7.8 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

 

7.9

No delay or failure by The Health & Beauty Shop to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of The Health & Beauty Shop.

 

7.10

These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and The Health & Beauty Shop relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and The Health & Beauty Shop for your use of this website

 

We recommend you print out a copy of these terms and conditions for your future reference.
If you have any questions regarding thehealthandbeautyshop.co.uk website, please use the Contact Us section to request for more information and provide us your full contact details.

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