These Terms & Conditions govern your use, both as a bodywiseuk.com Professional and as a consumer, of www.bodywiseuk.com.and bodywiseuk.com Call Centre, form the terms of any purchases that you make from the bodywiseuk.com site, and govern your relationship with bodywiseuk.com+ and any affiliated company (“bodywiseuk.com”, “we” or “us” and Fieldstore Limited – Parent Company). Please read them carefully as they affect your rights and liabilities under the law. By using the site and/or registering on the site or via our Call Centre, you agree to these Terms and Conditions and to our Privacy and Cookies Policy.
In these Terms & Conditions:
1 BASIS OF USE OF THE bodywiseuk.com SITE
1.1 The bodywiseuk.com site is provided to you free of charge for your personal use subject to these terms & conditions and our Privacy and Cookies Policy. By using the bodywiseuk.com site you agree to be bound by these Terms & Conditions and our Privacy and Cookies Policy.
1.2 These Terms & Conditions govern your use of the bodywiseuk.com site in general, the products that you purchase on the bodywiseuk.com site and all services provided in connection with them.
1.3 These Terms & Conditions do not affect your statutory rights.
2 REGISTRATION
2.1 To register on the bodywiseuk.com site you must be over eighteen years of age.
2.2 You must ensure that the details provided by you on registration or at any other time are correct and complete.
3 PASSWORD AND SECURITY
3.1 When you register to use the bodywiseuk.com site you will be asked to create a password. You should keep this password confidential and not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password.
If you know or suspect that someone else knows your password you should notify us by contacting customer services immediately (see paragraph 24 below for contact details).
3.2 If bodywiseuk.com has reason to believe that there is likely to be a breach of security or misuse of the bodywiseuk.com site, we may require you to change your password or we may suspend your account in accordance with paragraph 21 below.
4 Reward Points
Points are earned on purchases made on bodywiseuk.com.com but not the bodywiseuk.com site generally and any points are not able to be used to purchase or contribute towards the purchase of any products from the bodywiseuk.com site.
Bodywiseuk.com reserves the to withdraw this scheme by giving all users a 30 day notice to use up their points.
5 INTELLECTUAL PROPERTY
5.1 The content of the bodywiseuk.com site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the bodywiseuk.com site 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 bodywiseuk.com site without written permission from bodywiseuk.com.
5.2 No licence is granted to you in these Terms & Conditions to use any trademark of bodywiseuk.com or its affiliated companies.
6 LIMITATIONS
6.1 You may not use the bodywiseuk.com site – for any of the purposes set out below (this includes any use by you of the Community sites – see paragraph 7 below for further information about the Community sites):
(a) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
(b) 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;
(c) gaining unauthorised access to other computer systems;
(d) interfering with any other person’s use or enjoyment of the bodywiseuk.com site;
(e) interfering or disrupting networks or web sites connected to the bodywiseuk.com site;
(f) making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
(g) transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;
(h) impersonating another person;
(i) referring to specific website addresses outside of the bodywiseuk.com site; or
(j) advertising.
6.2 The bodywiseuk.com reserves the right to refuse to post material on the bodywiseuk.com site or to remove material already posted on the bodywiseuk.com site. You must not try to re-post material which bodywiseuk.com has refused to post on the bodywiseuk.com site or has previously removed from the bodywiseuk.com site.
6.3 You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us arising out or in connection with:
(a) any claim by any third party that the use of the bodywiseuk.com site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice; and
(b) any claim by any third party that the use of the bodywiseuk.com site by you infringes that third party’s copyright or other intellectual property rights of whatever nature.
6.4 By submitting material you are granting bodywiseuk.com a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.
7 USE OF COMMUNITY SITES
7.1 The bodywiseuk.com site includes a number of community sites which may allow users to interact with each other via message boards, and other user forums (the“Community sites”). Full details about your use of the Community sites can be found on the Community sites’ Terms and Conditions page.
7.2 We advise you not to post or in any way reveal any of your personal details on the Community sites (for example, your address, telephone number or email).
7.3 bodywiseuk.com does not control or moderate the content placed on the Community sites (although blog posts must be approved by bodywiseuk.com).However, the bodywiseuk.com reserves the right to refuse to post material, to remove material posted on the Community sites and to contact you in the event that there are concern sabout the content you have added to a Community site. bodywiseuk.com may review or edit the content of the Community sites. Therefore, if you have concerns about any of the content of the Community sites you should contact us by selecting the “report as inappropriate” button. The relevant content may be removed from the Community sites. If we believe that any material placed on the Community sites by you is unlawful we may contact the relevant authority.
7.4 bodywiseuk.com makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent the views of the Nutri-Centre.
8 THIRD PARTY WEBSITES
As a convenience to bodywiseuk.com customers, the bodywiseuk.com site may include links to other websites or material. The bodywiseuk.com is not responsible for any of these websites or material which is beyond its control.
9 ADVERTISING AND SPONSORSHIP
Part of the bodywiseuk.com site may contain advertising and sponsorship. Third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the bodywiseuk.com site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material provided by third parties.
10 AVAILABILITY OF THE bodywiseuk.com SITE
10.1 Although the bodywiseuk.com aims to offer you the best service possible, the bodywiseuk.com cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the customer services (see paragraph 24 below for contact details) or by email at inq@bodywiseuk.com.com and we will attempt to correct the fault as soon as we reasonably can.
10.2 Your access to the bodywiseuk.com site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.We will attempt to restore the service as soon as we reasonably can.
11 PURCHASE TERMS
The terms in this Part B apply to any purchases that you make on the bodywiseuk.com site.
12 DESCRIPTIONS AND PRICES OF PRODUCTS
12.1 We have taken care to describe and show products as accurately as possible. Despite this, products may vary from their descriptions. If there is anything which you do not understand, or if you wish to obtain further information, please contact customer services (see paragraph 24 below for contact details).
12.2 If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the product at that price. If you decide not to order the product, we will give you a full refund on any amount already paid for that product in accordance with our Refund Policy in paragraph 18 below.
12.3 All prices are expressed inclusive of any VAT payable unless otherwise stated.
12.4 The price of a product does not include the delivery charge, which will depend on the delivery method you choose and will be added during checkout. See paragraph 15 below.
13 AVAILABILITY
13.1 All products advertised are subject to availability and while stocks last.
13.2 We try to ensure that we always stock the full product range and will let you know if the product is out of stock. If for any reason beyond our reasonable control we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged or are refunded for that product.
13.3 In the interests of all our customers, we may place restrictions on bulk buying of some products (i.e. licensed herbal medicines (THR) and homeopathic medicines or items on promotion to ensure there is availability for all our customers.
14 ACCEPTANCE OF ORDERS
14.1 Your order is an offer to buy from us.
14.2 Nothing that we do or say will amount to any acceptance of your offer unless we send you an email notifying you that we have despatched a product.At this point a contract will be made between us for you to buy and us to sell the products that you have ordered from us. Where products are despatched or made available to collect in store separately, our acceptance of the order in respect of each product takes place when we notify you by email of such despatch.
14.3 After the time the contract is made, you cannot amend your order (but please see your right to cancel an order in paragraph 16 below).
14.4 At any point up until the contract is made, we may decline to supply a product to you. If we decline to supply a product to you and you have already paid for it, we will give you a full refund of any amount already paid for that product in accordance with our Refund Policy in paragraph 8 below.
14.5 Promotional codes and vouchers entitle the customer to a discount in a single transaction online. The promotional code must be registered at the time of purchase, by entering the code at checkout. The promotional code can only be used one for one online order and one use per household. The promotional code cannot be exchanged for cash and cannot be used in conjunction with any other offer or promotional code.
15 DELIVERY
15.1 Delivery will be made to the address specified when you complete the order.
15.2 We use a variety of delivery methods, depending on the size of the product you order and the speed with which you wish to receive it. For more information on delivery arrangements, times and prices see our Delivery Policy.
15.3 Whilst we make considerable effort to deliver all your products within 30 days of the date of your order, we shall not be liable if we fail to do so in part or inf ull due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting a product to you within that time.
16 CANCELLING YOUR ORDER IF YOU CHANGE YOUR MIND
16.1 We hope that you will be happy with your purchase but, if you change your mind, in most cases you may cancel your order up to 14 days following the receipt of a product.
16.2 Your right to cancel does not apply to certain products. However, you will still be able to return them if they are faulty (see paragraph 17below).
16.3 For details of how to cancel your order, please visit our Returns and Refunds page.
16.4 If you have already received your order and wish to cancel it, please visit our Returns and Refunds for details of how to return your product.
17 FAULTY PRODUCTS
If your products arrive damaged or they are faulty, you may return them and obtain a refund or replacement product. Please visit our Returns and Refunds for details of how to return them and details of our replacement and Refund Policy.
18 REFUNDS
18.1 If you are entitled to a refund, we will refund you as follows:
(a) if you paid by payment card, we will refund you on the payment card;
(b) if you paid by gift card/money card, we will refund you on your payment card or send you a cheque; and
(c) if you paid by Reward voucher we will refund you on your payment card or send you a cheque or give you the equivalent in Reward points.
18.2 Refunds for products purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
18.3 In the event of a refund, all Reward points received for the purchase of a refunded product will be removed from your Reward account.
18.4 We will refund the delivery charge in full if you return all products of your order at the same time. If you choose to keep some of the products, we will retain the balance of the delivery charge that applies to the products you keep.
19 PAYMENTS AND CARDS
19.1 Payment for your products will be taken at the time your place your order, once we have checked your card details and stock availability. If there is a problem taking payment for all or part of your order we will contact you by email (or by telephone if you have not given us an email address).
19.2 Your credit/debit card details will be encrypted by the bodywiseuk.com site to minimise the possibility of unauthorised access or disclosure.
19.3 When ordering from the bodywiseuk.com site we accept orders only from web browsers that permit communication through Secure Socket Lawyer (SSL) technology, for example a 7.0 version or higher of Internet Explorer, version 3.5 or higher of Firefox, Chrome version 10 or higher and Safari version 5 of higher. This means that you cannot inadvertently place an order through an unsecured connection.
20 AMENDMENTS
We may update these Terms & Conditions from time to time. If you do not wish to accept the new Terms & Conditions you should not continue to use the bodywiseuk.com site (including purchasing any products on the bodywiseuk.com site). If you continue to use the bodywiseuk.com site after the date on which the change comes into effect, your use of the bodywiseuk.com site indicates your agreement to be bound by the new Terms & Conditions.
21 RIGHT TO SUSPEND OR CLOSE YOUR ACCOUNT
21.1 We may suspend or close your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms & Conditions. You will not be able to order products on the bodywiseuk.com site if your account is suspended or closed.
21.2 The suspension or closure of your account and your right to use the bodywiseuk.com site shall not affect either party’s existing rights or liabilities.
22 OUR RESPONSIBILITY TO YOU
22.1 The bodywiseuk.com site is provided by bodywiseuk.com without any warranties or guarantees. You will bear the risks associated with the use of the internet.
22.2 The bodywiseuk.com site provides content from other internet sites or resources and while bodywiseuk.com tries to ensure that material included on the bodywiseuk.com site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. bodywiseuk.com 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 bodywiseuk.com site. If bodywiseuk.com is informed of any inaccuracies in the material on the bodywiseuk.com site we will attempt to correct the inaccuracies as soon as we reasonably can.
22.3 In particular, we disclaim all liabilities in connection with the following:
(a) incompatibility of the bodywiseuk.com site with any of your equipment, software or telecommunications links; and
(b) technical problems including errors or interruptions of the bodywiseuk.com site.
22.4 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant product or the time you otherwise use the bodywiseuk.com site.
22.5 Because we sell products for personal use only our responsibility to you shall not include any business losses such as lost data, lost profits, lost sales or business interruption.
22.6 This paragraph 22 does not limit or affect our responsibility to you if something we do negligently causes death or personal injury.
23 MISCELLANEOUS
23.1 You may not transfer any of your rights under these Terms & Conditions to any other person. We may transfer our rights under these Terms & Conditions to another business where we reasonably believe your rights will not be affected.
23.2 If you breach these Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms & Conditions.
23.3 Neither party shall not be responsible for any breach of these Terms & Conditions caused by circumstances beyond that party’s control.
23.4 Except as expressly set out in these Terms & Conditions, all use of your personal information will be made in accordance with our Privacy and Cookies Policy.
23.5 These Terms & Conditions are subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
24 CUSTOMER SERVICES
If you have any queries, please contact us online or via telephone on: 0208 4298 418
The bodywiseuk.com site is owned and operated by Fieldstore Ltd T/A Bodywise , trading under various names including bodywiseuk.com, a company registered in England whose registered office is at 65 Bridge Street, Pinner HA5 3HZ Company Registration No. 3569170 VAT No. 719 3996 84.
25. bodywiseuk.com Professional & Student
25.1 We offer certain registered Professionals and Students access to special discounts and offers, and the chance to receive rebates on purchases made by customers who they refer to us. In order to access these benefits, you must apply for a bodywiseuk.com Professional Account, and be approved by us.
25.2 In order to apply for a bodywiseuk.com Professional Account, you must submit evidence of your qualifications, which we may check before deciding whether to approve your application.
25.3 In order to apply for a Student Account, you must submit evidence of your study, which we may check before deciding whether to approve your application.
25.4 Once you have submitted your application for a Professional or Student Account, we will attempt to consider it within a reasonable period (as an indication, the time between application and approval is normally [48 hours], however we are not obliged to open or consider all applications. Any applications we review will be approved or rejected at our absolute discretion, and no reasons will be given for approvals or rejections.
25.5 Once we have reviewed your application, we will inform you if your Professional or Student Account has been approved by contacting you at the email address you give us when applying for the Account.
25.6 Once we have approved and set up your Professional Account, we will confirm your bodywiseuk.com Professional ID. This will be unique to you, and will allow your clients to let us know that you have referred them to the Site. You must only share your bodywiseuk.com Professional ID with the clients of your business as a professional. You must not make your bodywiseuk.com Professional ID public other than via the use of banners or via the tools provided as a part of your bodywiseuk.com Professional account area. You must now allow your clients to disseminate it to anyone who is not a client of your business. If we find, or have reason to believe or suspect, that your bodywiseuk.com Professional ID has been used outside of the bodywiseuk.com Professional scheme, we may suspend or close your account, and claw back any rebates paid in accordance with clause 29.
25.7 Professional and Student Accounts are subject to all the same terms, restrictions and limitations as standard accounts, except where those terms conflict with Part D.
25.8 We retain the right to suspend or close your bodywiseuk.com Professional Account in accordance with 21.1of these Terms and Conditions. If we suspend or close your account, you will not be entitled to any rebates which you would normally have earned. Additionally, if we suspend or close your account, we will not be liable to pay you rebates in relation to purchases made before we suspended or closed your account, and we may claw back rebates that has been paid in accordance with clause 29.
25.9 bodywiseuk.com Professional is only available to active professionals. If you cease to operate your business as a professional outside of the Site, you must inform us. If you do not tell us, and we pay you rebates in respect of purchases made by your clients who are registered as your Referred Clients, we may claw back that rebates in accordance with clause 29.
25.10 In order to register your bodywiseuk.com Professional Account, we require that you provide us with details of your PayPal account which is a registered email that we can use to transfer your rebates to. bodywiseuk.com use only details provided during the sign up process and take no responsibility in ensuring bank details are correct. If your bank details are wrong or change, you must give us two weeks’ notice before we are due to make your next rebates payment.
25.11 Any wish lists that you create online for your clients shall be kept confidential by bodywiseuk.com and will not be shared with anybody else, unless you choose to make this list public by selecting the option to make the wishlist public.
26. bodywiseuk.com PROFESSIONAL AND STUDENT ACCOUNT DISCOUNT
26.1 We offer a discount on all purchases made through your bodywiseuk.com Professional Account (the “bodywiseuk.com Professional” Account Discount). The bodywiseuk.com Professional Account Discount is currently off the www.bodywiseuk.com.com list price and is [20% off the vitamins, minerals and food supplements and sports and 10% off on everything else]. The bodywiseuk.com Professional Account Discount does not include promotion and is offered at our discretion, and we may change or remove it at any time, without informing you.
26.2 We offer a discount on all purchases made through your Student Account (the “Student” Discount). The Student Account Discount is currently off the www.bodywiseuk.com.com list price and is [10% off on all products ]. The Student Account Discount does not include promotion and is offered at our discretion, and we may change or remove it at any time, without informing you.
26.3 The bodywiseuk.com Professional and Student Account Discount are only available on orders you make through your approved Professional Account. We will not reimburse you for purchases you make using any other account, or apply the discount to purchases you make in the past.
26.4 You must not allow anyone else to access your bodywiseuk.com Professional Account in order to give them the benefit of the bodywiseuk.com Professional Discount, or for any other reason.
26.5 bodywiseuk.com Professional and Student discounts in stores are down to managers’ discretion.
27. REFERRED CLIENTS
27.1 You may share your bodywiseuk.com Professional ID with clients of your business as a bodywiseuk.com Professional.
27.2 When you give a client of your business your bodywiseuk.com Professional ID/Link, and they register a new standard account with us via your link, they will then be registered with us as a client of yours “a Referred Client”.
27.3 We may offer special discounts and promotions to Referred Clients, including a blanket discount. We currently offer Referred Clients a discount of [10% off on all orders for 1 year from the date of sign up.]. All discounts are offered at our discretion, and we may change or remove them at any time, without informing you or the Referred Client.
27.4 If a Referred Client ceases to be a client of your business, you must inform us. If we pay you rebates in respect of purchases made by your Referred Client, and that Referred Client is no longer a client of your business as a professional outside of the Site, we may claw back that rebates in accordance with clause 29.
27.5 Clients, on occasion, visit multiple Professionals to address their needs. bodywiseuk.com will not pay retrospective rebates or duplicate rebates to multiple Professionals. Where there may be a conflict between the clients true or current Professional bodywiseuk.com will cease or claw back rebates payments accordingly.
27.6 In the case of a client being referred to the bodywiseuk.com website and making a purchase, credit for the sale will be given to the last bodywiseuk.com professional visited prior to the client completing the sale.
28. Rebates
28.1 Where your Referred Clients make “Qualifying Purchases”, we will pay you a rebate, in accordance with the terms of this clause 28 and clause 29.
28.2 Qualifying Purchases mean all vitamins, minerals and food supplement category purchases from the Site, except purchases of items which are already discounted.
28.3 Qualifying Purchases are limited to purchases made by Referred Clients for their own personal consumption. Where we reasonably suspect or believe that a purchase has been made for any reason other than a Referred Client’s personal consumption, we will not be liable to pay you a rebate on that purchase, and we may claw back any rebates that has been paid in respect of those purchases in accordance with clause 28.
28.4 The level of rebate we offer is subject to change without notice, and we reserve the right to cease all rebate payments.
28.5 Rebate payments from new clients on their first spend over £45 will be made directly into the paypal account which you nominate, or, held on credit until you choose to spend it either online at www.bodywiseuk.com or from or phone orders department you nominate in accordance with clause
28.6 We are not responsible for making further payments if these details are incorrect or out of date.
29. CLAWBACKS
29.1 We may require that you repay any rebate payments to us where we reasonably believe that the rebate was paid as a result of or in connection with a breach of these terms and conditions, by you or by your Referred Client, including without limitation the circumstances identified in clauses 28.3, 27.4, 25.5, 25.7 or 25.8.
29.2 Before we require that you repay any rebate payments we will investigate the circumstances in which the payments were made. We will inform you if we begin an investigation into any rebate payments we have made to you, and if we deem it necessary we may ask you for an explanation.
29.3 We will not be required to disclose to you the particulars or basis of our investigation, or give reasons for any conclusions which we draw from it.
29.4 By agreeing to these terms and conditions, you agree to be bound by the result of any investigation we instigate under this clause 29, and agree to repay any rebates that we deem to be subject to being clawed back.
29.5 We may only require that you repay any rebate payments that were made within the six months before we inform you that we intend to conduct an investigation into any payments.
30. YOUR STATUS
30.1 Nothing in these terms forms a contract of employment or agency between you and us.
30.2 Nothing in these terms imposes on you any duties or grants you any rights similar or analogous to those of an employee or an agent. We may not instruct you on how, where or when to operate your business as a professional, and no communication from us should be taken to have that effect.
30.3 You do not have authority to represent, act on behalf of, or bind us to any agreement. You are not affiliated to us in any way except as set out in these terms and conditions or in any other written agreement between us.
30.4 You are not authorised to give advice on our behalf, or use any of our branding or intellectual property in any way, except to inform your clients of the address of the Site and explain the products and services we offer, any discounts and promotions available to them, and provide them with your bodywiseuk.com Professional ID.
30.5 Any information on the bodywiseuk.com Professional website is not to be shared with non-professionals. Although supplements and protocols are suggested, they do not take the place of your professional judgements, and have included supplements which may interact with medications. We hold no responsibility for the outcomes of your client’s health and well-being.
30.6 We have the right to remove any Professional from our professional directory at any time and without notice. This also applies to website content such as blogs which you may have published.
31. TAX
31.1 You are solely responsible for any tax liabilities arising from any payments that we make to you under clause 28.
31.2 You agree that you are responsible for administering and paying any tax liability that may arise as a result of any payments that we make to you under clause 30.
32. LIABILITIES
32.1 You agree that we shall not be liable for any losses you suffer as a result of any of our actions under this agreement, including without limitation any decision that we may make to suspend or close your account, or require that any rebate be repaid.
32.2 You agree that we shall not be liable for any losses you suffer as a result of our interactions with your Referred Clients, including but not limited to delayed or failed orders, service failures, or defective products.
32.3 Nothing in these terms shall exclude our liability to you for death or personal injury caused by our negligence.
32.4 Unless specified otherwise, the website and its contents covers products and recommendations that comply with UK law. If you access the website from outside the UK you are responsible for compliance with any laws that apply to your country.
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