PS WELLNESS LTD
Terms and Conditions – Consumer Online Sales
Purpose and Understanding
1. These terms and conditions (‘Conditions’) shall apply as between PS Wellness LTD (‘the Company’)
and you in respect of
1.1. any Products ordered by you online or supplied to you under a contract which is concluded
following an online Order
1.2. when you deal as a consumer, which means an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession
1.3. and where the Products are to be supplied to an address within the United Kingdom.
2. These Conditions do not apply to over the counter purchases from a clinic.
3. You must be 18 years of age and older to buy Products online.
4. A number of words are used in these Conditions which have special meanings. Where this is the case the relevant words as defined begin with a capital letter. The meanings of these specially-defined words are shown in brackets.
5. Products means goods ordered by you and supplied by the Company.
6. The Company reserves the right to alter these Conditions at any time.
7. The Company’s details are as follows:
7.1. Company number 14158197
7.2. Registered office 7-12 half-moon street W1J7BH London UK
7.3. Trading address 7-12 half-moon street W1J7BH London UK (‘Address’)
7.4. Telephone number in the event that you have any questions or complaints relating to an online
Order or a delivery 07534 132446.
7.5. Email address email@example.com
7.6. Website address https://pietrosimone.com/
7.7. VAT number 419 045309
8. These Conditions are separate to
8.2. The Company’s data protection policy.
9. These Conditions of sale apply to any Order placed by you online (‘Order’) and to any contract
concluded between you and the Company (‘Contract’) but only if you are dealing with the Company as a consumer.
10. You may store and reproduce these Conditions, for example by downloading them and printing them off.
11. No contract exists between you and the Company for the sale of any Products until you have received
12. Any Order placed by you for Products advertised on the Company’s website is an offer by you to
purchase the Products selected in your Order from the Company.
12.1. To Place an Order:
12.1.1. All orders can only be processed by using the Company’s prescribed order form which is available on the Company’s website;
12.1.2. Products are selected through the Company’s website and added to a basket;
12.1.3. Once all products have been selected you will be asked to verify the order, provide a
postal address for delivery of the Products and pay for them using a recognised
12.1.4. Once the order has been confirmed a payment confirmation will be emailed to you;
12.1.5. The goods will be despatched within 2 business days of purchase.
12.2. If you make a mistake, then you can correct any error in your order by contacting the Company by telephone at the Address in paragraph 7. Any change to the Order may result in additional
12.3. The Company will send you an acknowledgment of your Order by email (‘Acknowledgement’).
12.4. The Acknowledgement is not a confirmation that a contract has been concluded.
12.5. The Company will process your Order as soon as is practicable.
12.6. The Company may at its absolute discretion decide not to accept your Order at any time before it is delivered. If so it will cancel your Order either in part or in full and issue a refund in respect of the Products which it will not deliver. Examples of the reasons why it may decide not to accept your Order include but are not limited to: payment not made in accordance with the Company’s payment terms; pricing errors; Products unavailable; delivery costs excessive; delivery timescale excessive.
12.7. If the Company decides not to accept your Order then the Company will notify you as soon as is practicable.
12.8. The Company will not be obliged to offer any additional compensation for disappointment suffered.
13. You have a qualified statutory right to cancel your Order and any contract which is concluded (‘Your Right to Cancel). This is explained below.
14. The description of the Products is shown on the website at the time you place your Order.
15. We try to ensure that the images on the website faithfully reflect the colour of any products or its packaging. We use high quality digital photographic techniques but when viewed on your own device there may be some distortion or alteration to the original for which we cannot be held responsible.
16. The price of the Products is shown on the website at the time you place your Order.
17. You may be required to pay for delivery. For the price of delivery, see ‘Delivery’ below.
18. All prices, charges and sums quoted (unless otherwise specified) are inclusive of VAT, for which the Client shall be additionally liable at the applicable rate from time to time.
19. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our site. The importation or exportation of certain Products to you may be prohibited by certain national laws. The Company makes no representation and accept no liability in respect of the export or import of the Products you purchase.
20. You must pay when you place an order.
21. The Company accepts the following payment methods for online orders: all major credit and debit cards including master card and visa.
22. The Company must receive payment of the whole of the price for the Products that you Order before your Order can be processed.
23. A contract is concluded between you and the Company when the Products are received.
24. The Products are received when they are delivered.
25. Delivery takes place when the delivery agent notifies them as delivered.
26. The Company will provide a copy of the contract on paper, by email or another format which you can save for future reference by no later than when the Products are delivered.
27. Delivery prices may vary. It might not be possible for the Company to deliver to some locations.
28. The applicable delivery charges are shown on the website at the time you place your Order.
29. The Company will deliver the Products ordered by you to the address you give us for delivery at the time you make your Order.
30. Please ensure that you enter your correct address when placing your Order. Please check the delivery
address on the Acknowledgement and notify us without delay of errors or omissions. If Products are delivered to the wrong address due to your error then you may not be entitled to a refund or the Company may charge you for any extra costs.
31. Delivery will be made as soon as practicable after your Order is accepted and in any event within 30 days of your Order being placed.
32. The Company uses third party delivery agents for whose default or delay the Company cannot be held responsible.
33. You will become the owner of the Products you have ordered when they have been delivered to you. Once Products have been delivered to you they will be held at your own risk and the Company will not be liable for their subsequent loss or destruction. Cancelled, Revoked or Recalled Payments
34. If following delivery of the Products to you the payment is cancelled, revoked or recalled then unless you have exercised Your Right to Cancel or unless you are entitled to reject them in exercise of your statutory rights (see Liability below) you will immediately pay to the Company the price together with interest on any unpaid sum at the rate of 1% per month.
Your Right to Cancel
35. The Products are a range of skincare treatments and creams. Some of the Products are sealed for health protection or hygiene reasons. Your Right to Cancel does not apply if the Products have been used or become unsealed after delivery to you. The following provisions apply only to Products which are not cosmetics.
36. You may cancel your Order or the Contract at any time up to the end of the fourteenth working day from the date you receive the Products by notifying the Company in writing to the Address.
37. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
38. If your order consists of multiple Products, the 14 day period runs from when you receive the last item in your Order.
39. This 14 day period is the time you have to decide whether to cancel and to notify the Company. You then have a further 14 days to return the Products to the Company.
40. If you have received the Products before you cancel your contract then you must send the Products back to the Address at your own cost and risk.
41. If you cancel your contract before delivery but the Company has already despatched them then you must not unpack the Products when they are received by you and you must send the Products back to the Address at your own cost and risk as soon as possible.
42. Once you have notified us that you wish to cancel your Order or the Contract then a refund will be made PROVIDED THAT the Products are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Products delivered to you or do not pay the costs of delivery, the Company shall be entitled to deduct the direct costs of recovering the Products
from the amount to be credited to you.
43. If a refund is accepted:
43.1. You should get a refund within 14 days of the date when the Products are received by the Company or if earlier when you prove that you have consigned them to a carrier for return to theCompany.
43.2. Please note that the Company cannot be held responsible for returned Products that are lost in transit and you are responsible for postage costs. Please return the Products using a tracked service.
43.3. The refund will be made to the person who placed the Order and to the same payment method used by you.
43.4. The refund will be the price paid by you for the Products together with the basic delivery cost of sending the Products to you.
44. You do not have the right to return Products unless you exercise Your Right to Cancel in time in accordance with the previous clause or unless the Products are of unsatisfactory quality, unfit for purpose or not as described. Because the Products are sealed for health protection or hygiene reasons there is otherwise no right to return the Products once delivered.
45. Exchange Policy. You may however, return the products if they are damaged in transit. Where this occurs, you must notify the company within 14 days. The Products must be returned unused.
46. It is the Company’s responsibility to supply you with Products which meet your consumer rights. If you have any concerns that the Company has not met its legal obligations please contact the Company at the Address. In particular, you have the statutory right to reject Products that are unsatisfactory quality, unfit for purpose or not as described, in exchange for a full refund.
47. If the Products as delivered are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, the Company shall have no liability to you unless you notify us in writing to the Address within 30 days of the delivery of the Products in question.
48. If you notify a problem to the Company, its only obligation will be, at your option:
48.1. to make good any shortage or non-delivery;
48.2. to replace or repair any Products that are damaged or defective; or
48.3. to refund to you the amount paid by you for the Products in question in whatever way the Company chooses.
49. Save as precluded by law, the Company will not be liable to you for any indirect or consequential loss,
damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and the Company shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products in question.
50. Not withstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you
might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Company’s liability to you for any death or personal injury resulting from its negligence.
51. Unless otherwise expressly stated in these Conditions, all notices from you to us must be in writing and sent to the Address and all notices from us to you will be displayed on the Company’s website from to time.
52. If any part of these terms and conditions is unenforceable (including any provision in which the Company excludes its liability to you) the enforceability of any other part of these conditions will not be affected. Third party rights
53. Except for the Company’s affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. Intellectual Property Rights
54. The intellectual property rights in any Products or packaging or labelling shall belong to the Company. No re-sale
55. You may not re-sale Products or advertise them for re-sale. Force Majeure
56. The Company shall not be liable for any default (or deemed to be in breach of contract) by reason of any delay due to any circumstance beyond its reasonable control. Governing law
57. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
58. These Conditions, together with the Company’s current website prices, delivery and payment details set out the whole of the agreement relating to the sale of the Products to you. Nothing said by any sales person on the Company’s behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Products offered for sale by it. Save for fraud or fraudulent misrepresentation, the Company shall have no liability for any such representation being untrue or misleading.