terms of use
STANDARD TERMS AND CONDITIONS FOR USAGE OF THE BODY ESSENTIALS WEBSITE AND ASSOCIATED SERVICES
By accessing or using this website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1. Privacy policy
Please review our privacy policy which forms a part of these Terms and Conditions and governs your visit to the website, so that you may understand our privacy practices.
2. Eligibility
To be eligible to purchase goods on this website and to lawfully enter into and form contracts on this website under English law you must be the holder of a valid debit/credit card.
3. Language
This contract shall be concluded in English.
4. Prices
All prices indicated for products available via this website are inclusive of VAT at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges totalled together.
5. Product descriptions
We will take all reasonable care to ensure that all details, descriptions, images and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our automated online order acceptance procedure.
6. Purchase related transactions
The products and services available on the website are for personal use only. You may not sell or resell any of the products or services, or samples thereof; you purchase or otherwise receive from us
7. Placing an order and order acceptance
You will be guided through the process of placing an order by a series of simple instructions on the website. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Body Essentials website by clicking on the Submit button at the end of the on-line order process. Body Essentials reserves the right to remove or edit content or cancel orders at our discretion, for example if we have inadvertently under-priced goods, if we are no longer able to supply a particular product, if we are unable to obtain authorisation for your payment or if we suspect fraudulent activity or violation of these Terms and Conditions (including Privacy). In the case of a change of price, we will always contact you first to ensure that the price is acceptable. If we cancel an order, it will be without charge to you. If we are unable to fulfil your order for any reason we will contact you by email or telephone advising you of this before deciding how to proceed. Once orders have been submitted you will receive an automated order confirmation e-mail. Before your order can be accepted the debit or credit card details you give to us will be validated. We will then send to you an automated Delivery confirmation e-mail that your order has been accepted, subject to availability of products, pricing, volume issues or any other substantial reason. Our acceptance of your order shall create a legally binding agreement between us. All orders are subject to availability. Payment will be debited to your account before dispatch of your order. We accept payment by most debit or credit cards. All cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment we will not be liable for delay or non-delivery. If you require any information regarding your order(s) please email info@bodyessentials.co.uk
8. Payment
You may pay using any of the methods shown here
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
9A. How we protect your information
We are aware that you may be concerned about the privacy and confidentiality of your personal information, including credit card and delivery address information. Therefore, we have taken precautions to ensure that this information is safe and secure. If you are registered with us, your online account information is protected by a password chosen by you. Additionally, we protect your personal data using a technology called Secure Sockets Layer (SSL). Your personal information is then automatically encrypted before being sent over the InternetSagePay (our online Payment Provider) offer a range of tried and tested security verification and anti-fraud services. All SagePay payment interfaces are Secure Sockets Layer (SSL). Your personal information is automatically encrypted before being sent over the Internet.
9B. The information we collect - and the way in which we use it
At Body Essentials, we take your privacy seriously. We want you to know that wherever we request your personal contact information on this website (such as your name, address, email, telephone or mobile phone number), we will keep your details safe and only use them to notify you about our products, special offers, company news and any other information deemed appropriate. We will never sell, trade or rent your personal information to others. Even if you agreed to receive marketing communications from us at the time of registration, you may opt out of this service at any time by emailing info@bodyessentials.co.uk
10. Title to goods (legal and beneficial)
We retain ownership of the goods until you have made full payment to us and such payment has been received by us. If we refund any such payment to you then ownership of the goods shall immediately revert back to us.
11. Risk of loss
All risk in the goods will pass to you upon delivery to you.
12. Delivery
We aim to get your order to you as fast as possible, however please allow up to 7 working days for clearence of payment and delivery before contacting us to query any order that has not yet been received. Our delivery charges are as follows:
Standard UK under 750g
1st Class £3.50
2nd Class £2.95
Standard UK over 750g
1st Class £4.95
2nd Class £3.95
Rest of EU:
£5.95 - Orders over £45.00 postage and packing free
North America & Rest of the World:
£7.95 - 0rders over £50.00 postage and packing free.
Please note the following:
- Working days are Monday - Friday (excluding bank / public holidays)
- Delivery will be through Royal Mail
13. Acceptance of goods
Upon receipt, you must immediately inspect the goods. If no such inspection takes place, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please email info@bodyessentials.co.uk or call +44 (0)1625 869 966.
14. Complaints
If you wish to complain about any matter in respect of the goods please email info@bodyessentials.co.uk or call +44 (0)1625 869 966.
15. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please contact us by emailing info@bodyessentials.co.uk or call +44 (0)1625 869 966.
16. Limitation of liability
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered you howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods. We shall not be liable under any circumstances to you or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. For the avoidance of doubt, time shall not be of the essence and we shall incur no liability to you in respect of any failure to deliver goods by any agreed completion date.
If you do not agree to this policy, please do not use the Body Essentials website.
