Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEB SITE.
1. Healthy Atom Ltd
1.1. healthyatom.com is owned and operated by "Healthy Atom Ltd" (“we”, “us” or “our”), a registered United Kingdom Company under company number 08522751. Our registered office is at 5 Manor Road, Spa Common, North Walsham, Norfolk, NR28 9LQ.
1.2. Any contract entered into by you via this Web Site will be with Healthy Atom Ltd.
2. Contacting Us
2.1. Our contact address is: 5 Manor Road, Spa Common, North Walsham, Norfolk, NR28 9LQ.
2.2. You may also contact us: by telephone on +44 (0) 1692 407 324 or alternatively, you can email us email@example.com
3. Web Site Information and Disclaimers
3.1. We do not guarantee that our Web Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
3.2. We use reasonable efforts to ensure that information provided on the Web Site is accurate, up-to-date, complete and error-free. However, we make no representation and give no warranty of any kind in this respect.
3.3. We give no warranty that the servers used to provide or access this Web Site will be free of viruses, Trojan horses, worms, software bombs or similar harmful items. Your use of this Web Site is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site.
3.4. We strongly recommend that you consult with your doctor before starting any physical exercise and/or dietary or supplement programme.
Any information and the Products obtained from the Web Site and/or us should not be taken as medical advice for any reason. The information and Products are not intended to replace advice given by your doctor. No claim or opinion is intended to be, nor should it be construed to be medical advice.
3.5. The information and Products on the Web Site are not intended to diagnose, treat or cure any disease and they are not a guide for self-diagnosis and/or treatment.
3.6. We will not be liable to you for any loss or damage arising in relation to your use or misuse of any Products purchased on this Web Site.
3.7. Nothing in these Terms limits or excludes our liability for death or personal injury resulting from our negligence, or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us, or your statutory rights as a consumer.
4. Accessing our Web Site
4.1.3. You are responsible for making all arrangements necessary for you to have access to our Web Site.
4.2.1. You warrant and undertake:
188.8.131.52. That all the personal information that you provide to us when you register as a customer with us shall at all times be true and accurate;
184.108.40.206. That you will notify us immediately of any changes to your personal information by contacting our customer support team by calling emailing firstname.lastname@example.org
220.127.116.11. That you will keep any registration and account details secure and confidential.
4.4. User conduct
4.4.1. You may only purchase Products via this Web Site if you are aged 16yrs or over.
4.4.2. You shall not use this Web Site in any unlawful manner, or any manner which may otherwise cause damage or distress to this Web Site, Healthy Atom Ltd or any other party.
4.4.3. You shall purchase Products via this Web Site only for your personal, non-commercial use.
4.4.4. You shall use this Web Site only in accordance with all applicable laws and regulations and these Terms and Conditions.
5. Intellectual Property
5.1. All intellectual property rights contained in the Web Site are owned by us or our content and technology providers.
5.2. You are welcome to view, print and download the contents of the Web Site for personal use, but not for any commercial purposes or re-publication.
6. Terms and Conditions of Purchase and Supply
6.1.1 Description of Products
6.1.2. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
6.1.3. The packaging of the Products may vary from that shown on images on our site.
6.2 Price and availability are subject to change without notice.
6.3. Ordering Products
6.3.1. You may order Products from the Web Site by submitting a completed order form through the check-out procedure.
6.3.2. How the Contract is formed between you and us: After placing an order online, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product from the Web Site. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The Contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
6.3.3. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6.4. The Price and Payment
6.4.1. The price of the Products will be the price quoted on the Web Site at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery.
6.4.2. In addition to the price, you will have to pay our delivery charges as quoted on the Web Site at the time we accept your order - unless you qualify for free delivery. The amount of these charges varies according to the method of delivery and the delivery address you specify in your order.
6.4.3. Payment is made by credit/debit card or by Paypal account at the time we accept your order. (The credit cards we accept are listed in the Web Site at the time you place your order). Refunds will generally be made by means of a credit to your credit/debit card/Paypal account.
6.4.4. Although every care is taken in the quality of content on this Web Site, there may occasionally be an error and items or delivery charges maybe mispriced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price.
6.4.5. Products are subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Products, in accordance with our refunds policy (set out at below).
6.5. Delivery of Products
6.5.1. We will arrange for delivery of the Products you order by the method and to the address which you specify in the check-out procedure. However, the time for delivery will not be essential to the Contract between us.
6.5.2. If you do not take delivery of the Products, move house between ordering and delivery or supply inadequate delivery instructions, we may cancel your order and retain the Products. In this event, we will refund you the price of the Products, but you will still be liable to pay any delivery charges.
6.5.3. The Products will be at your risk from completion of the delivery.
6.5.4. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6.6. Import duty
6.6.1. If you order Products from the Web Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note: 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.
6.6.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
6.7. Cancelling Orders & Refunds
6.7.1. As a consumer you have a right to a "cooling off" period for purchases you make via our Web Site. This means that, within a certain timeframe, you can change your mind about your order you can receive a refund.
6.7.2. If you wish to cancel an order and/or return a Product (or Products) to us, you will need to email us at: email@example.com at any time after the Dispatch Notification is issued and within 7 working days of receipt of the Product(s). We will then confirm your wish to cancel and/or return the Product(s) by providing you with return instructions. The notification should state your order number and give the reason for cancellation.
6.7.3. The Product(s) should be returned at your own expense. We recommend the use of a recorded delivery service.
6.7.4. Products should be returned in an unopened and unused condition. You can no longer cancel your order once you have opened the Product containers or used the Product(s). However, your statutory rights concerning the quality of those Product(s) will be unaffected.
6.7.5. Provided you serve notice to cancel as set out in this paragraph 6.7, you will receive a full refund of the price you paid for the Product(s) plus any delivery charges you paid for within thirty (30) days of the day you gave notice of cancellation. However, you will be responsible for the cost of returning the Product(s) to us unless you are returning the Products(s) because they are faulty or were mis-sold to you, in which case we will also refund your reasonable costs of returning the Product(s).
6.7.6. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6.7.7. Where stock is not available we will notify you by email of its expected delivery date. If you choose to cancel the order, the above applies and full refunds will be reimbursed by the same method of payment.
6.8.1. As a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. Our liability
7.1. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
7.1.1. Use of, or inability to use, our Web Site; or
7.1.2. Use of or reliance on any content displayed on our Web Site, save as otherwise set out in these Terms and Conditions or in law.
7.2. If you purchase a Product or Products from us the following will also apply:
7.2.1. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
7.2.2. Our liability for any Products that you purchase from us shall be limited to the purchase price of those Products.
7.2.3. We only supply the Products for domestic and private use. You agree not to use Product(s) for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.2.4. 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 any act or event of force majeure.
7.3. Nothing in these terms and conditions excludes or limits our liability for:
7.3.1. Death or personal injury caused by our negligence;
7.3.2. Fraud or fraudulent misrepresentation;
7.3.3. Any breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979;
7.3.4. Defective products under the Consumer Protection Act 1987; or
7.3.5. Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
8.1.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Web Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Web Site. Such communications will be in a form that enables you to print or store a copy of these on your computer, 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.
8.1.2. The Products advertised on the Web Site are intended for sale to persons dealing as consumers and are not for re-sale or commercial use. The Web Site is intended for use by individuals aged 16yrs or over.
8.1.3. From time to time the Web Site may also include links to other Web Sites, or may be linked to from other Web Sites. These Web Sites are maintained by third parties over whom we have no control. The links to and from our Web Site do not signify that we endorse those linked Web Sites and you access them at your own risk.
8.1.4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to any Contract between us, so that no contractual rights are conferred on third parties.
9. Entire agreement
9.1. These Terms and Conditions and any documents expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
9.2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
9.3. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10. Our right to vary these terms and conditions
10.1. We have the right to revise and amend these Terms and Conditions from time to time to, without limitation, 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.
10.2. 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 send you the Dispatch Confirmation (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 (7) business days of receipt by you of the Products).
11. Law and jurisdiction:
11.1. Contracts for the purchase of Products through the Web Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Contact us
12.1. If you have any queries in respect of these Terms and Conditions or our Web Site, please contact our customer support team by calling +44 (0) 1692 407 324 or sending us an email firstname.lastname@example.org
©2013 Healthy Atom Ltd.