We understand that there is a lot of information to cover in one document so we have tried to help by identifying the some salient points from each section. Please note this selection does not replace the complete document in any way. You must read the below document in its entirety.
Healthspan document sections
- Healthspan Ltd Reviews, ratings, promotions and competitions.
- Healthspan UK terms and conditions (separate document)
Third Party documents section
- PostDirect terms and conditions
Section 1 Healthspan Ltd terms and conditions
This document covers the service we provide, the contract between Healthspan Ltd and customers, who are Healthspan, and finally, import duties and liability.
Points to note:
- Healthspan Ltd is a company registered in Guernsey and VAT registered in the Netherlands.
- Healthspan Ltd does not offer Product delivery services – Product delivery is offered through a separate contract with PostDirect. Delivery information can be found here.
- Healthspan does not accept orders from the USA, Holland or Canada – some Products are also banned by certain territories and will not be shipped on a case by case basis.
- An order placed by a customer constitutes an offer to buy a Product subject to acceptance by Healthspan. This contract only relates to Products in-stock.
- Products will be at your risk from the time they are made available to PostDirect (or to you if you collect your goods from Healthspan in person). However we also offer a “no quibble” refund if you are not satisfied with the Product.
- The price is as quoted on our Site or in printed material except in the case of obvious error. Prices do not include delivery from PostDirect.
- Any liability is strictly limited to the purchase price of that Product. We also warrant that the Product will be of satisfactory quality.
- Products purchased outside of the EU may be subject to import duties or levies on your importation – these are the responsibility of the customers.
- Healthspan will not be liable where we fail to perform on a contract due to events outside our own control due to a Force Majeure Event.
10. The complete terms and conditions document below and any other documents referenced represent the entire agreement between you and us.
11. We have the right to revise and amend these terms and conditions from time to time.
12. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.healthspan.co.uk (or subdomains thereof) without written permission from us.
13. Our Products are not intended to treat, cure or prevent any disease, nor is the information supplied in our magazine/catalogue or other promotional material intended to replace the individual advice available from your own doctor.
14. You are responsible for maintaining and securing your account information and password.
15. All website content is protected by copyright.
16. You are prohibited from modifying or interrupting the normal functioning of the website.
17. We are not responsible for content contained within sites we may link to.
This section covers how Healthspan Ltd will deal with your personal data and payment information.
Points to note:
- Healthspan will never pass or sell your data outside the Healthspan Group of companies except where that third party requires the data to provide order delivery or to provide communications as part of Healthspan’s normal service.
- Healthspan.co.uk does not process or store credit or debit card information on internal servers. All card payments are securely processed by our payment gateway provider CyberSource and do not touch any internal servers. We offer a service where the payment provider stores card details and provides Healthspan with a token to take future payments.
- When you create an account with Healthspan we will create a customer record where we will log transactions and communications with you. You are responsible for the integrity of the Password for this account. You can request for your data to be updated or deleted at any time.
Section 3 Reviews, ratings, promotions and competitions.
This section covers all the terms and conditions pertaining to leaving social media comments on our Site and current promotions and competitions.
Points to note:
- To leave a Product rating or review you must have purchased that Product.
- To leave a review you must do so via the Feefo review service. After your product has been delivered you will receive an email at your registered address inviting you to submit a review for items in that order. If you do not receive an email, it is possible to request it be re-sent by contacting Healthspan Customer Care.
- Reviews are vetted for unacceptable content. Healthspan do not vet poor reviews – but may respond directly to them.
- The poster continues to own all rights to content provided to Healthspan. However Healthspan reserves the right to use this content royalty free as part of its marketing and communication programs.
- The purpose of reviews is to help people who haven’t brought the Product to learn from the experiences of those that have.
- Unless you request the opportunity to leave a review for a specific order, the default setting is that you will only be asked for a review once in any 10 month period.
Section 4 Healthspan UK terms and conditions (separate document)
Section 5 PostDirect terms and conditions
Points to note:
- You are contracting for delivery from Wial Computer en Data Service B.V trading as PostDirect.
- Distribution is from the Netherlands.
- By placing your order with PostDirect you are accepting their delivery terms and conditions.
- PostDirect may be required to share information on consignments with authorities and customs officials in both transit and destination countries.
- You will be responsible for import duties or taxes outside of the EU. You are responsible for complying to local import or pre-export laws.
- PostDirect will make every attempt to deliver your consignment.
- PostDirect limit their liability for any loss, damage or delay of your shipment. PostDirect also limit their liability on financial losses arising from any breach of their delivery contract. Lastly PostDirect limit their liability due to any Force Majeure Events.
- There are variable costs for delivery based on location and service selected.
1. Healthspan Limited Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which Healthspan Limited (“we” or “us”) supply to you any of the Products ("Products") listed on our website www.healthspan.co.uk ("our Site") or ordered via our call centre or by mail. Click here for the terms and conditions of Healthspan UK Limited.
We do not offer delivery of our Products. Delivery services (“Delivery services”) are provided to you by PostDirect . PostDirect terms and conditions.
Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
We are registered in Guernsey under company number 19775 and with our registered office [and place of business] at Healthspan House, The Grange, St. Peter Port, Guernsey GY1 3WU.
We are VAT registered in the Netherlands 823517299B01 and our Products are stored at Wial BV, Hermelijnweg 9, 4877 AE Etten-Leur, Netherlands
Our Site is a website operated by us.
3. SERVICE AVAILABILITY
We do not accept orders from individuals resident in the USA, Holland or Canada.
4. YOUR STATUS
By placing an order through our Site, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least 18 years old.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing your order via our Site for Products, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted and does not form a binding contract. Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us. We will notify you where Products may not be available. Your order is accepted and a contract is formed between Healthspan and you when the products are made available to you or have been made available to PostDirect for delivery.
5.2 Your Contract with us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available. We reserve the right, at our discretion, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
6. AVAILABILITY AND DELIVERY
6.1 We do not deliver Products, but when you place an order for Products you will be offered Delivery services from PostDirect.
6.2 Where you have contracted with PostDirect for Delivery services, that delivery company will deliver your Products in accordance with its terms and conditions which are available on the following link: PostDirect terms and conditions.
7. RISK AND TITLE
7.1 Where you have contracted with PostDirect for delivery services, the Products will be at your risk when PostDirect takes physical possession of the Products as the person identified by you to take possession of the Products. Alternatively, you may arrange to collect the Products from Healthspan in Guernsey by calling the call centre on 0808 100 3080, in which case the Products will be at your risk when you collect them, or arrange for a third party provider to collect the Products on your behalf as the person identified by you to take possession of the Products, in which case the Products will be at your risk when the third party provider identified by you takes physical possession of the Products.
7.2 Title to the Products will pass to you when the goods are made available to Postdirect (or when you or your appointed third party provider collects them in person), provided we have received full payment of all sums due in respect of the Products by that time (if such payment has not been received at that time, title to the Products will only pass when we receive such payment).
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our Site, in our catalogue and in promotional material from time to time, except in cases of obvious error. These are the prices for the Products only. They do not include the charge for the Delivery services offered to you by PostDirect. All VAT will be included in the final price where applicable.
8.2 Prices of Products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
8.3 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.
8.4 The price of the Delivery services offered to you by PostDirect will be displayed on our Site and in our catalogue and promotional material. The current prices charged by PostDirect for standard delivery are:
Rest of World
As an alternative delivery option PostDirect offer UK Courier delivery service for £25.00. With this service you can expect your Products to be delivered in approximately 3 to 4 days. Please note you will be required to sign for your delivery if you select this option.
To arrange courier delivery by PostDirect please call our UK based customer services team on +44 (0)1481 714015.
8.5 We will collect payment for the Delivery services from you on behalf of PostDirect.
8.6 The “Healthspan pays your postage” promotion is limited to residents of the United Kingdom only. All delivery is provided to you by PostDirect, as Healthspan does not deliver your goods. The promotion will run from 13/01/2015 until 15/01/2015. This promotion is not transferable and carries no cash value. This promotion applies to all products sold by Healthspan limited.
9. OUR REFUNDS AND NO QUIBBLE GUARANTEE POLICY
9.1 We guarantee your satisfaction with our Products and if, for any reason, you are not satisfied with our Products, we offer a 'no quibble' refund or exchange policy.
9.2 You may cancel your Contract with us at any time provided that the Products you purchased from us have not passed their sell-by-date. If you cancel your Contract with us, you will receive a refund in accordance with our refunds policy set out in this condition 9. This provision does not affect your statutory rights.
9.3 At Healthspan we offer a no-quibble guarantee on all our products. To cancel an order you just need to let us know; either by completing the on-line form found at www.healthspan.co.uk/cancelorder or click on the ‘cancel order’ button on your order confirmation email. If you use this method we will email you to confirm that we have received your cancellation. You can also cancel your order by emailing us at email@example.com or call our Customer Services Team by telephone on 0808 100 3080 or write to us at Customer Services, Healthspan Ltd, Healthspan House, The Grange, St Peter Port, Guernsey, GY1 2QH. If you are emailing or writing to us, please include details of your order to help us identify it.
If you are returning a product please email or call our Customer Services Team and they will send you a postage-paid returns label. Products returned by you for any reason will be refunded in full as part of our no-quibble guarantee.
9.4 The amount we will refund to you will be the price you paid for the Product(s).
9.5 When you return Products to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 14 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via letter or e-mail within a reasonable period of time. We will refund any money received from you for the Products using the same method originally used by you to pay for the Products. We will process the refund due to you as soon as possible and, in any event, within 14 days after the day on which we receive the Product back from you (or if earlier, 14 days after the day on which you provide us with evidence that you have sent the Product back to us). If you have not received the Product from us at the time of cancellation, we will refund you within 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us because they are faulty or misdescribed, we will refund the price of the Products in full and any reasonable costs you incur in returning the item to us.
9.7 Where we send you Products in exchange or as a replacement for Products, for whatever reason, then we recognise that you will incur an additional Delivery charge from PostDirect to have such exchange or replacement Products sent to you. Although we are not obliged to do so, as a gesture of goodwill we will meet your costs of standard delivery and so will pay PostDirect on your behalf that additional Delivery charge.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our Site is of satisfactory quality. We are under a legal duty to supply Products to consumers that are in conformity with the Contract and will be liable for any defective goods as required by law.
10.2 Our liability in connection with any Product purchased through our Site is strictly limited to the purchase price of that Product.
10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or for fraud, or your statutory rights as a consumer.
10.4 We accept no liability for any loss or damage caused by us or our employees or agents:
10.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
10.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
10.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
11. IMPORT DUTIES AND TAXES
11.1 If you contract with PostDirect for Delivery of Products from our Site and those Products are delivered to a final destination outside the European Union, the Products may be subject to import duties and taxes which will be levied when the Products reach the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.3 Please also note that you must comply with all applicable laws and regulations of the country into which you import the Products. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.2 Where appropriate, Healthspan reserve the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.
13. HEALTHSPAN WEBSITE – TERMS OF USAGE
These terms and conditions also set forth the legally binding terms for your use of our website www.healthspan.co.uk (our "Site"). Only private individuals aged 18 years or over are permitted to register for use of the Site. By using the Site you agree to be bound by these terms and conditions of use. If you do not agree with these terms and conditions of use, you should leave the Site immediately.
Healthspan aims to provide up to date and accurate information on its website. However there can be no guarantee as to the accuracy of the information on the Site.
Your data or information generated from the usage of our Site may be transferred, sold or assigned to another third party as the result of a sale, transfer of business, merger, reorganisation, liquidation or change in control of the Healthspan Group of companies.
The name Healthspan referred to in this section – Website – terms of usage should be read as referring to legal entity companies which are subsidiaries or sub-subsidiaries of Healthspan Group Limited, through which trading is conducted or services are supplied.
We may modify these terms and conditions of use from time to time and such modification shall be effective upon posting on the Site. By continuing to use the Site, you agree to be bound by these terms and conditions as amended.
13.2 Your Account and Password
13.2.1 When you set up an account with us, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another registered user at any time or to disclose your password to any third party. You agree to notify us immediately by emailing firstname.lastname@example.org if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
13.3. Proprietary rights in content on the website
13.3.1 The Site contains content owned by us ("Content"). The Content is protected by copyright, trademark, patent, trade secret and other laws and we retain all rights in the Content and the Site. We hereby grant you a limited, revocable, non-sub licensable license to retrieve and display the Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Site and place orders via the Site. You may retrieve and display the content of www.healthspan.co.uk 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 www.healthspan.co.uk without prior written permission from Healthspan. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us or for which we may become liable for (including but not limited to), all damages awarded against us under any judgment by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
- any claim by any third party that the use of www.healthspan.co.uk by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of www.healthspan.co.uk by you infringes that third party's copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of www.healthspan.co.uk by you; or
- other than claims arising from the use by you of the Site to order Product(s) in the normal manner.
13.3.2 The Site also contains content owned by other licensors to us ("Third Party Content"). You may not unless and to the extent otherwise specifically authorised by us copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display or sell any content appearing on or through the Site. You may retrieve and display content from the Site on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal non-commercial use to the extent necessary to view the Site and make reasonable use of the Site.
13.4. Content/activity prohibited
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
13.4.1 criminal activity or any tortious act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
13.4.2 covering or obscuring the banner advertisements on any page on the Site via HTML/CSS or any other means;
13.4.3 any automated use of the system such as using scripts to perform automated operations;
13.4.4 interfering with, disrupting or creating an undue burden on the Site or the networks or services connected to the Site;
13.4.5 attempting to impersonate another user or person;
13.4.6 using the account or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
13.4.7 using any information obtained from the Site to harass, abuse, or harm another person;
13.4.8 using the Site in a manner inconsistent with any and all applicable laws and regulations;
13.4.9 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
13.4.10 making available or uploading files that contain software or other material, data or information not owned or licensed to you or collecting information about others (e.g. names/addresses) without their prior consent;
13.4.11 gaining unauthorised access to other computer systems;
13.4.12 breaching any laws concerning the use of public communication networks;
13.4.13 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
13.4.14 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software;
13.4.15 falsifying the true ownership of software or other material or information contained in files made available via the Site; or
13.4.16 obtaining or attempting to obtain unauthorised access, through whatever means, to the Site or computer systems or areas of our or any of our partners' networks which are identified as restricted;
13.4.17 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
13.4.18 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
13.4.19 interfering with any other person's use or enjoyment of www.healthspan.co.uk; or
13.4.20 interfering or disrupting networks or websites connected to www.healthspan.co.uk.
The Site may contain links to other websites but we are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on the Site, nor do we take any responsibility for the goods or services provided by its advertisers. We accept no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content provided through the Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to users or to any person's computer related to, or resulting from, participation or downloading materials in connection with the Site. Under no circumstances shall we be responsible for any loss or damage resulting from use of the Site, from any content posted on or through the Site, or from the conduct of any users of the Site, whether online or offline. The Site is provided "AS-IS" and as available and we make no representations or warranties of any kind as to the Site or the content thereof, including without limitation, as to availability of the Site for access and use. Also your access to the Site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities. We will attempt to limit the frequency and duration of any such suspension or restriction. In particular we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site. Nothing in these terms and conditions shall be construed as limiting or excluding our liability for death or personal injury caused by negligence.
You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Site in violation of these terms and conditions and/or arising from your use of or conduct on the Site and/or a breach of these terms and conditions.
All notices given by you to us must be given to Healthspan Limited at Healthspan House, The Grange, St. Peter Port, Guernsey GY1 3WU or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed to have been received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The Contract is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control.
16.2.4 Impossibility of the use of public or private telecommunications networks.
16.2.5 The acts, decrees, legislation, regulations or restrictions of any government.
16.2.6 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 You and we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18.4 The headings in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law.
18.5 If any provision of these terms and conditions is found to be unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
Our Products are not intended to treat, cure or prevent any disease, nor is the information supplied in our websites/magazine/catalogue or other promotional material intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking our Products. If you experience an adverse reaction, stop taking our Products and seek medical advice.
The “Healthspan pays your postage” promotion is limited to residents of the United Kingdom only. All delivery is provided to you by PostDirect, as Healthspan does not deliver your goods. The promotion will run from 08/12/2014 until 08/02/2015. This promotion is not transferable and carries no cash value. This promotion applies to all products sold by Healthspan limited.
Healthspan understands that many customers value their personal privacy and wish to ensure that any company who provides a service to them will also value their privacy. We therefore guarantee that we will not sell or pass your data to a third party outside the Healthspan Group, in the normal course of business, unless that third party requires the data to provide you with your order for delivery or in the course of communicating with you as a customer. As part of our customer charter we will process your personal data fairly and lawfully.
Data that we collect
To enable us to process your order we will ask you to provide personal details such as:
No Credit Card numbers are held on our Sites or on the associated back-office systems used by us to process your orders. For future reference to help us communicate with you, the first few and/or last digits only of your Credit Card number are kept by us.
For any repeat orders of Products made by you via our Sites, our Credit Card Agency securely holds your Credit Card details and provides us with a unique token that represents that particular card; this token is only valid for payment to us and this data is therefore worthless to any potential website hacker.
IP Addresses and Cookies
First Party Cookies
Healthspan’s first party cookies contain no personally identifiable information. All personally identifiable Information on browsing, preference and purchase history, is stored in our secure website data base. This information is collected for our internal purposes only and shall not be disclosed to any other organization except as required by law.
Third Party Cookies
Third party cookies are cookies that pass on information on browsing and purchase activity to third party service providers. All third party data gathered by Healthspan’s third party cookies is statistical information and does not personally identify any individuals.
Healthspan primarily uses third party cookies to help us conduct website tracking and monitoring to ensure we provide our customers with the best possible shopping and web experience. We use the web analytics platform provided by Google called Google Analytics. You can read more about Google Analytics here.
We will also intermittently use third party cookies to gather behavioural, browsing and demographic data. This information is used by third party partners to deliver marketing and advertising activities. This information is aggregated and contains no personally identifiable information.
By agreeing to these terms and conditions you are accepting the use of first and third party cookies on and by the Healthspan websites.
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How we use your data
Our primary purpose in using your data is to provide you with your order. We may analyze your data (or provide your data to agents who are contracted to supply services to us) to create a data profile to enable us to provide a better service to you.
We will keep all your personal information provided by you confidential except that we may use personal information for any of the following purposes:
- administration, general correspondence, support, profiling and processing (including personalising the Sites for your use);
- contacting you to register your use of the Sites, to advise you of any special offers, to notify you of new features or to resolve any queries you or we may have regarding us or the Sites or their use;
- responding to any requests or queries from you;
- profiling you and the users of the Sites;
- contacting you to notify you of other services or Products that might be of interest to you (although you can elect not to receive any of these at any time by contacting us as set out below);
- subscribing you to our newsletters or email alerts or online surveys (although you can unsubscribe from these at any time by contacting us as set out below); and
- Responding to any requests from the police and local government law enforcements agencies.
Checkout assistance service
When you use our Sites, details of any Products that you seek to purchase and your email address may be collected as you fill in the checkout form. If you do not complete your purchase, we may contact you using a third party with these details to offer our assistance (in case, for instance, you were suffering from technical difficulties). This is an optional service. You can choose not to receive our checkout assistance emails at any time by following the link at the bottom of each assistance email.
Your consent to processing data
By Law, we are required to obtain your consent to processing your data. We will assume that you have given your consent to the uses outlined above if you provide us with any data via our websites or via replies to advertisements. You can advise us that you wish to withdraw your consent by sending us an email explaining the situation firstname.lastname@example.org.
Where we process or transfer your data outside of what is outlined in "How we use your data" we will ask you to provide your specific consent.
How we protect your data
The data that you have provided will remain in databases that are established in a network that is firewall protected. Firewalls exist to stop the transfer of unauthorised information to or from the network. Physical access to our servers is restricted through the use of door code security systems. Higher level user login ID and password controls are also in place to restrict access. Only a limited number of IT personnel are authorised by the IT director to access the database. We use industry standard security technology and server certification.
As a routine we carry out validation checks to help prevent fraud. No protection system is foolproof and the company cannot guarantee the total security of data or accept any liability unless a breach of security was due to our proven willful default or negligence. Certain websites linked to our Sites may not offer the same protections as the Healthspan Sites and the laws of some countries outside the Channel Islands or the EU to which your data may be transferred as part of the process of providing Products and services to you, may not offer the same data protection.
You can update your data or ask us to delete your data anytime by sending an E-mail to email@example.com.
We promise to try to delete or update your information promptly.
3. Comments, Ratings and Reviews
Ratings and reviews on www.healthspan.co.uk (“Ratings and Reviews”) are intended to allow customers who have purchased and taken a Product to give public feedback about that Product and their experience with it. Comments posted next to news articles are meant to allow meaningful discussion around a specific topic.
Where a customer has feedback other than their experience with the Product, they are encouraged to contact us directly at firstname.lastname@example.org or to open a ticket via http://support.healthspan.co.uk
These terms and conditions include Healthspan’s policy for acceptable use of the Ratings and Reviews and content posted on the Website and your rights, obligations and restrictions regarding your use of the Ratings and Reviews.
1. Unacceptable content
1.1. Please choose carefully the information you post on the Website and that you provide to other Users. Your Website profile and other Content submitted by you to the Website may not include the following items: telephone numbers, street addresses or other contact details or identifying information of private individuals, contact details of public figures and any photographs containing nudity, or obscene, lewd, violent, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, it is possible that content provided by other Users (for instance, in a Website Member’s profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, Products or services or otherwise objectionable subject matter, and Healthspan assumes no responsibility or liability for this material. If you become aware of misuse of the Website or the Ratings and Reviews by any person, please contact email@example.com.
1.2 Healthspan’s Providers (Disqus and Feefo) reserve the right, in its sole discretion, to moderate, reject or refuse to publish on the Website, whether or not the Content is expressly prohibited by these terms and conditions, or to restrict, suspend, or terminate your access to all or any part of the comments, Ratings and Reviews at any time, for any or no reason, with or without prior notice, and without liability.
2. Proprietary rights in Content on the website
2.1 Healthspan’s Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, or any other materials that you post or email to the Website or the comments, Ratings and Reviews (collectively, "Postings"). After posting or emailing your Postings to the Website or the Services, you continue to retain all ownership rights in such Postings, and you continue to have the right to use such Postings in any way you choose. By displaying, emailing, publishing or submitting for display or publication ("posting") any Postings on or through the Website or the Ratings and Reviews, you hereby grant to Healthspan’s Provider a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of Postings, transmission and distribution of Postings on and through the Website, the Ratings and Reviews and/or any newspaper or other publication published by Healthspan’s Provider in its different, present and future forms for example newsprint, Braille, talking book, electronic databases, e-paper, website mobile application or any other facsimile or derivative versions in any medium. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms and other normal use for the purpose of information or study or as otherwise permitted by copyright law.
2.2 You represent and warrant that: (i) you own the Postings posted by you on or through the Website or the Ratings and Reviews or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Postings on or through the Website or the Ratings and Reviews does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay all royalties, fees, and any other monies owing to any person by reason of any Postings posted by you to or through the Website or the Ratings and Reviews. You acknowledge that Postings submitted will not be returned.
2.3 The Website and/or the Rating and Reviews contain Content owned by Healthspan’s Provider (“Provider Content”). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Ratings and Reviews. Provider hereby grants you a limited, revocable, non-sub-licensable license to retrieve and display the Provider Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Website and make reasonable use of the Ratings and Reviews.
2.4 The Website and the Ratings and Reviews contain Content owned by Users and other licensors to Provider (“Third Party Content”). Except for Content posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by Healthspan’s Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website or the Ratings and Reviews. You may retrieve and display Content from the Website or the Ratings and Reviews on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal non-commercial use to the extent necessary to view the Website and make reasonable use of the Ratings and Reviews.
3. Content posted
3.1 Healthspan’s Provider may delete, or in pre-moderated areas of the Website refrain from posting any Content that in the opinion of Healthspan’s Provider violates these terms and conditions breaches any relevant House Rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. Except to the extent which cannot be excluded or limited by law or regulation in respect of Content on the Website which we moderate before posting, Healthspan’s Provider assumes no responsibility for monitoring the Website or the Ratings and Reviews for inappropriate Content or conduct. If at any time Provider chooses, in its sole discretion, to monitor the Website or the Ratings and Reviews, except as required by law or regulation, Healthspan’s Provider nonetheless assumes no responsibility for the Content (other than Provider Content), no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such content.
3.2 You are solely responsible for the Content that you post on or through the Website or any of the Ratings and Reviews, and any material or information that you transmit to other Users and for your interactions with other Users. Healthspan’s Provider does not endorse and has no control over Content posted by Users. Content is not necessarily reviewed by Provider prior to posting and does not necessarily reflect the opinions or policies of Healthspan’s Provider. Healthspan’s Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
8. Content/activity prohibited
8.1 Section 13.4 of the terms of conditions contain a partial list of the kind of Content that is illegal or prohibited to post on or through the Website or the Ratings and Reviews. Healthspan’s Provider reserves the right to investigate and take action against any User who, in the opinion of Healthspan’s Provider, violates this provision. This may include, without limitation, removing the offending communication from the Website or the Ratings and Reviews, preventing access to the Website and the Services and/or terminating access, the Website Membership of such violators and/or reporting to law enforcement authorities or regulatory bodies.
Terms and Conditions of Delivery
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply Delivery to you of any of the Products ("Products") listed on Healthspan’s website www.healthspan.co.uk which you purchase. Please read these terms and conditions carefully before ordering Delivery from us. You should understand that by ordering Delivery from us, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions of Delivery for future reference.
The following definitions apply to the terms and conditions set out below that govern the contract of Delivery between you and us.
"we", "us”, “our" and “PostDirect” means Wial Computer en Data service B.V and its group companies, employees and agents (but specifically excluding our payment collection agent, Healthspan Limited). We are registered in the Netherlands under company number 20065471 and our registered office is at Hermelijnweg 9, 4877 AE Etten-Leur, Netherlands.
"you" and "your" means the purchaser of Products; by placing an order for Delivery of Products with us you warrant that you are legally capable of entering into binding contracts.
"Delivery" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the Products to you.
"Consignment note" means information provided by you or by Healthspan on your behalf in paper or electronic form concerning the shipment to you.
"Shipment" means Products which we have accepted for carriage from Hermelijnweg 9, 4877 AE Etten-Leur, Netherlands to another address, whether under our consignment note or not.
Please note that we do not accept orders for delivery from individuals resident in the USA or Canada.
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of Delivery is with Wial Computer en Data Service B.V, trading under the name of “PostDirect”. You agree that we may subcontract the whole or any part of the contract of Delivery on any terms and conditions we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your order for Delivery of Products you accept our terms and conditions set out in the consignment note and/or these terms and conditions irrespective of whether you have signed the front of our consignment note or not.
Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, or deliver your Shipment as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. If you provide us with any oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
4. SCOPE OF THE CONTRACT
4.1. These terms and conditions apply to the Contract agreed between you and us in respect of any Delivery of Products.
4.2. By concluding any type of contract with us that involves the Delivery of Products you agree that:
- the contract is a contract of carriage of goods by road if the Delivery of the Shipment actually takes place by road;
- the contract is a contract of carriage of goods by air if the Delivery of the Shipment actually takes place by air;
- the contract is a contract of carriage of goods by sea if the Delivery of the Shipment actually takes place by sea;
5. SHIPPING SECURITY
5.1. We may be required to share information, including your personal data for Delivery of your Shipment with the Shipment destination country authorities or transit country authorities for customs and / or security reasons.
6. EXPORT CONTROLS FOR DELIVERIES OUTSIDE THE EU
6.1 If you order a Delivery of Products to an address outside the European Union then the Products may be subject to import duties and/or taxes which are levied at the consignment address.
6.2. You assume responsibility for and guarantee compliance with all applicable export control laws and for any import laws applicable in the country of destination.
6.3. You agree to identify Shipments subject to pre-export regulatory controls, and provide us with information and all necessary documentation to comply with any applicable regulations.
6.4. You are responsible, at your expense, for determining export and import licensing or permitting requirements for a Shipment, obtaining any required licenses and permits, and ensuring that the consignee is authorised by the laws of the origin, destination countries and any country asserting jurisdiction over the goods.
6.5. We assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures and embargoes.
6.6. Any customs duties, taxes, penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required license or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver, and the receiver refuses to pay the incurred charges, you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
7. RIGHT OF INSPECTION
7.1. You agree that we or any governmental authority including customs and security may open and inspect your Shipment at any time.
8. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
The route and the method by which we transport your Shipment shall be at our sole discretion.
Target standard delivery times
Up to 10 Days
Rest of Europe
Up to 21 Days
Rest of World
Up to 28 Days*
* Dependent on local customs
9. INCORRECT ADDRESS
If we are unable to make a Delivery of Products because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the Shipment to the correct address although additional charges may apply.
10. DELIVERY OF YOUR SHIPMENT
Where we are unable to complete the Delivery of Products for whatever reason we will try to leave a notice at the receiver's address stating that Delivery of Products has been attempted and the whereabouts of the Shipment. If Delivery of Products has not been made after a second attempt by us, or the receiver refuses to accept Delivery of Products, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the Shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your or the receiver's instructions within a reasonable period after our second attempt of Delivery of Products, then you agree that we may destroy or sell the content of the Shipment without any further liability to you.
11. EXTENT OF OUR LIABILITY FOR CARRIAGE
11.1. We limit our liability for any loss, damage or delay of your Shipment or any part of it arising from carriage as follows:
11.1.1. If the carriage of your Shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure, the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable, will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 19 special drawing rights per kilo.
11.1.2. If we carry your Shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR), our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that Shipment or the part which was delayed.
11.1.3. If none of Clauses 11.1.1 - 11.1.2 above apply, and we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, willful act or default, our liability to you for loss, damage, mis-delivery or non-delivery of your Shipment or the part affected is, at all times, limited to the lower of the market value of the Shipment at the time of carriage, or the cost of repairing the Shipment, or the part affected with in each case an upper limit that does not exceed £15 per kilo limited to a maximum of £15,000 per shipment. In the case of delay where you can show to us you have suffered loss, our liability is limited to refunding to you the charge you paid us for Delivery in respect of that Shipment or the part which was delayed.
12. EXCLUSIONS OF LIABILITY
12.1. We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise, or be liable for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, willful act or default.
12.2. We are not liable if we do not fulfill any obligations towards you at all as a result of:
12.2.1. circumstances beyond our control such as (but not limited to):
- acts of God including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- latent defects or inherent vice in the contents of the shipment;
- criminal acts of third parties such as theft and arson.
12.2.2. Your acts or omissions or those of third parties such as (but not limited to):
- you being in breach of (or any other party claiming an interest in the Shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 6;
- an act or omission of any customs, security, airline, airport or government official.
12.3. We are not a common carrier and do not accept any liabilities of a common carrier.
13. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the Shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
14. RATES AND PAYMENT
14.1. You agree to pay our charges (including applicable surcharges) for the Delivery of the Products to the location specified on the consignment note/contract of carriage, and any applicable value added taxes within 7 days from placing your order for Products without withholding, deduction, counterclaim or set off.
14.2 You agree to make payment of any amounts which are due to us for Delivery and/or any other amounts set out in these terms and conditions to our payment collection agent: Healthspan UK Limited.
14.3. You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
14.4. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our Schedule of charges.
Standard Delivery Charge
Rest of Europe
Rest of World
14.5. Any additional import duties, taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid.
14.6. Our charges must be paid in sterling.
15. LAW AND JURISDICTION
15.1. In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force.
15.2. Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the Netherlands.