Terms and conditions
Introduction
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website evelynhealth.com ('the Website') and your relationship with EVELYN HEALTH LIMITED, 124 CITY ROAD, LONDON, ENGLAND, EC1V 2NX ('we', 'our', or 'us'). These Terms also set out the conditions on which we will deliver goods and services to you that have been ordered from the Website by you. Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website.
You agree to be subject to the Terms in force from time to time. If you have any queries regarding these Terms then please contact us at hello@evelynhealth.com.
1. About Us
1.1 We are EVELYN HEALTH LIMITED, a Limited Company registered in England and Wales under company number 14484240. Our registered office is 124 City Road, London, England, EC1V 2NX.
1.2 We operate the Website www.evelynhealth.com.
1.3 Our VAT registration number is 432713320.
2. Agreement
By using the Website you agree to be bound by these Terms and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
3. Amendments
We reserve the right to:
3.1 Update these Terms and will notify you via a suitable announcement on the Website of any significant changes to the Terms. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such an announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms;
3.2 Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and
3.3 Disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, or otherwise restrict your access to the Website, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
4. Registration
4.1 By using this Website, you warrant that:
4.1.1 you are legally capable of entering into binding contracts; and
4.2.1 you are at least 18 years old.
4.2 You will be required to create an account on the Website before purchasing any of the goods and services provided by us. You may be required to create an account on the Website in order to access certain information provided on the Website.
4.3 By using this Website and creating an account, you warrant:
4.3.1 that you are responsible for all actions taken under your chosen username and password.
4.3.2 that you will only create one (1) account and to only use the Website using your own username and password;
4.3.3 not to disclose your password to anyone and to make every effort to keep your password safe;
4.3.4 to change your password immediately upon discovering that your account has been compromised; and
4.3.5 to notify us immediately of any changes to the personal information by emailing us at hello@evelynhealth.com.
4.3.6 not to break the law;
4.3.7 not to buy, sell, or otherwise trade in user names or other unique identifiers;
4.3.8 not to send advertisements, chain letters, or other solicitations through the Website, or use the Website to gather addresses or other personal data for commercial mailing lists or databases;
4.3.9 not to automate access to the Website, or monitor the forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser;
4.3.10 not to use the Website to send email to distribution lists, newsgroups, or group mail aliases;
4.3.11 not to falsely imply that you’re affiliated with or endorsed by Evelyn Health Limited;
4.3.12 not to remove any marks showing proprietary ownership from materials you download from the Website;
4.3.13 not to disable, avoid, or circumvent any security or access restrictions of the Website;
4.3.14 not to strain the infrastructure of the Website with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum;
4.3.15 not to impersonate others through the Website; and
4.3.16 not to encourage or help anyone in violation of these Terms.
5. Your health
5.1 We strongly recommend that you seek medical advice before relying on the advice provided through the Website or before placing an order through the Website.
5.2 The information provided by us is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website or other publications by us, including social media bulletins. This includes any advice we provide to you by email, over the telephone or in person.
5.3 If you have a medical condition which affects your dietary requirements (e.g. allergies, intolerances and certain illnesses), you must not use the products sold through the Website, or must take your own medical advice before placing an order through the Website. Being under 18, severely overweight, severely underweight, pregnant, breastfeeding or on other forms or medication or supplementation may also affect your dietary requirements and you should check with your medical adviser before placing an order through the Website. If any of these circumstances apply to you, you must inform us of the circumstances that apply and the medical advice received by emailing us at hello@evelynhealth.com. We may decline to allow you to use some or all of our products and services. If you choose to use any of the products and services provided by us, you do so at your own risk.
6. Privacy Policy
6.1 We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
6.2 When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.
6.3 All information provided by you will be treated securely and in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679.
7. Protecting Your Security
7.1 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
7.2 We may contact you to make additional security checks and we ask for your cooperation to enable us to complete them.
7.3 Fraudulent transactions will not be tolerated and such transactions will be reported to the relevant authorities.
7.4 By accepting these Terms you consent to all necessary security checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
8. Compliance
8.1 The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use.
8.2 You agree not to:
8.2.1 Upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
8.2.2 Upload or transmit through the Website any material which is defamatory, offensive or of an obscene character; or
8.2.3 Attempt to gain unauthorised access to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
8.3 By breaching any of these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
8.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
9. Third Party Links
9.1 The Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them.
9.2 We will not be liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
10. Orders
10.1 All orders placed through the Website are subject to acceptance by us and availability. If the goods ordered are not available, you will be notified by email (or by other means if no email address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
10.2 Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time.
10.3 Any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the latter. 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 liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
10.4 The products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
10.5 You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
11. Cancellation Rights
11.1 Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
11.2 If you wish to cancel a contract pursuant to this clause, then please email us at hello@evelynhealth.com and provide us with your order details. We will provide written confirmation of your cancellation request to the email address provided with your order.
11.3 You will be required to return any goods that are subject to the cancellation. Goods provided as part of the contract must be returned to us unopened and presented in a sellable condition. The cost of returning any goods supplied to you as part of our contract will be borne by you. You agree to ensure returned goods are packaged in a reasonable manner, and, in all instances, in a way sufficient to protect the goods from reasonable damage and in such a way as to maintain the integrity of the goods.
11.4 All goods returned under this clause shall be subject to our review and inspection. Where our inspection or review finds that the goods have been opened or that the quality, nature, substance or any other characteristic of the goods has been impinged, so as to result in the goods being unsellable without remedial activities on our part, we shall contact you in writing, outlining our findings. We reserve the right to deduct from any refund owed to you under the contract, a reasonable fee to cover the cost of the remedial activity required to return the goods into a sellable condition, such amount not exceeding 100% of the price originally agreed for the goods under the contract.
12. Price and Payment
12.1 All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system.
12.2 We reserve the right to change prices at any time without notice to you (save that any changes will not affect orders which have already been dispatched by us to you).
12.3 If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
12.4 Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your goods or provision of the service to you.
12.5 In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with Clause 10, we are not required to sell the goods to you at the price shown. We commit to try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.
12.6 You confirm that the credit, debit card or PayPal account 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 to you for any delay or non-delivery.
12.7 If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours' notice in advance of any reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.
12.8 We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.
12.9 We reserve the right to update the terms and conditions of any discount code without notice to you.
13. Reviews
13.1 If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
13.2 You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose.
13.3 You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
13.4 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
13.5 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to our website:
13.5.1 The content and material is accurate;
13.5.2 Use of the content and material you supply does not breach any of our applicable guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
13.6 You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.
14. Intellectual Property
14.1 The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
14.2 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
15. Limitations of Liability
Supply of goods purchased through the Website
15.1 Subject to clause 15.2, if we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
15.2 Nothing in these Terms excludes or limits our liability for:
15.2.1 death or personal injury caused by our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1987;
15.2.4 defective products under the Consumer Protection Act 1987;
15.2.5 any deliberate breaches of these Terms that would entitle you to terminate the Contract;
15.2.6 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Use of Website
15.3 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
15.4 Whilst we try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
15.5 In particular, we disclaim all liabilities in connection with the following:
15.5.1 Incompatibility of the Website with any of your equipment, software or telecommunications links;
15.5.2 Technical problems including errors or interruptions of the Website;
15.5.3 Unsuitability, unreliability or inaccuracy of the Website; and
15.5.4 Failure of the Website to meet your requirements.
15.6 To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economics loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
16. Severance
If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.
17. Transfer of Rights and Obligations
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time during the duration of these Terms.
18. Waiver
18.1 Any failure to exercise or any delay in exercising a right or remedy provided by these Terms or at law or in equity (and/or the continued performance of these Terms) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of these Terms must be in writing and shall not constitute a waiver of any other breach and shall not affect any other provision of these Terms.
18.2 The rights and remedies provided by these Terms are cumulative and (except as otherwise provided in these Terms) are not exclusive of any rights or remedies provided at law or in equity.
19. Entire Agreement
19.1 These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.
19.2 You acknowledge and agree that in entering into these Terms, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.
20. Variation
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21. Law and Jurisdiction
These Terms, any non-contractual obligations arising out of or in connection with these Terms and the relationship between the parties, shall be governed by and interpreted in accordance with the laws of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.