Terms and Conditions

These are the terms and conditions on which we supply any of the products (Products) listed on our website www.healththroughmassage.com (our site) to you. Please read these terms and conditions carefully before ordering any Products. 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.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. ABOUT US
www.healththroughmassage.com is a site operated by healththroughmassage.com Limited. We are registered in England and Wales under company number 06889835 with our registered office at 3 Jesson Way, Carnforth, Lancashire, LA5 9UR.

2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the Serviced Countries (view serviced countries). We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.

3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are able to enter in to contracts governed by English law;
(d) You will not re-sell or hire any of the Products without our written permission;
(e) You are resident in one of the Serviced Countries; and
(f) You are accessing our site from that country.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order, 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. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). We reserve the right not to accept any order and shall not be obliged to give any reason for such refusal. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.2 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.

5. DESCRIPTIONS

5.1 Every reasonable care has been taken to ensure that the descriptions and colour matching are accurate. However, all measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. We make no warranties (whether express or implied) in relation to the accuracy of such information.

5.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our cancellation policy.

6. INTELLECTUAL PROPERTY

6.1 The following definition shall apply to this clause:
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

6.2 You acknowledge and agree that all Intellectual Property Rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

6.3 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

6.4 You acknowledge that all Intellectual Property Rights and all other rights in the Products, manuals, DVD shall be owned by the Us or our licensors. We license all such rights to you on a non-exclusive basis to such extent as is necessary to enable you to make reasonable use of the Products.

7. CONSUMER RIGHTS

7.1 If you are contracting as a consumer from within the European Union, you may cancel a Contract at any time before despatch of the Product or within seven working days beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below).

7.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. We may however at our discretion arrange from them to be collected by a courier at our cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

7.3 You will not have any right to cancel a Contract for the supply of any sealed DVD, audio and software Products where the seal is broken.

7.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

8. AVAILABILITY AND DELIVERY

8.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

8.2 You are responsible for supplying a correct delivery address including full postcode.

8.3 We will not be responsible for delayed or non-delivery of orders where the incorrect address has been supplied. You will be responsible for any additional postage costs incurred for the re-sending of orders due to you providing an incorrect address.

8.4 We reserve the right to divide larger orders into smaller ones and deliver each one independently. In such cases you will be responsible for the delivery costs for each individual order.

8.5 Delivery timescales specified in the Dispatch Confirmation are estimates only and time is not of the essence. We shall be under no liability for any delay or failure to deliver Products within estimated timescales.

8.6 If you are ordering as consumer within the European Union, your order will be fulfilled within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

8.7 We require a signature for any Products delivered. The signature of the person accepting delivery at the delivery address specified by you will be evidence of delivery at the delivery address and fulfilment of the order by us.

9. RISK AND TITLE

9.1 The Products will be at your risk from the time of delivery or on the date of first attempted delivery by us.
9.2 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.

10. PRICE AND PAYMENT

10.1 We take payment from your credit or debit card at the time we receive your order, once we have checked your card details and stock availability. 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 goods.

10.2 You confirm that the credit or debit card being used to pay for an order is yours. To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

10.3 The price of any Products will be in £Sterling as quoted on our site from time to time, except in cases of obvious error.

10.4 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide [INSERT AS LINK TO SITE'S DELIVERY GUIDE].

10.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

10.6 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 when dispatching the Product to you. 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 before dispatching the Product, or reject your order and notify you of such rejection.

10.7 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

10.8 Payment for all Products must be by credit or debit card. We accept payment with [HSBC Solo, Electron, VPay, Visa Debit, Visa Credit, Maestro and MasterCard]. We will not charge your credit or debit card until we despatch your order.

10.9 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we will not be liable for any losses caused as a result of unauthorised access to information provided by you.

11. OUR REFUNDS POLICY

11.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 21 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 examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11.3 Where items returned to us are not received, we may require evidence of postage before providing a refund.

12. OUR LIABILITY

12.1 Where under the Sale of Goods Act 1979 (as amended):
(a) you are regarded as a consumer, we warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
(b) you are not regarded as a consumer, all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract

12.2 Other than as expressly provided in these terms and conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. This does not affect your statutory rights as a consumer.

12.3 Our liability for losses you suffer under contract or tort is strictly limited to the purchase price of the Product you purchased.

12.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

12.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

13. IMPORT DUTY

13.1 If you order Products from our 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 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.

13.2 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.

14. WRITTEN COMMUNICATIONS
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.

15. NOTICES
All notices given by you to us must be given to healththroughmassage.com Limited at 3 Jesson Way, Carnforth, Lancashire, LA5 9UR or via email to info@healththroughmassage.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above.
Notice will be deemed received and properly served immediately when posted on our website, 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.

16. TRANSFER OF RIGHTS AND OBLIGATIONS

16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

16.2 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.

16.3 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.

16.4 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).

17. EVENTS OUTSIDE OUR CONTROL

17.1 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).

17.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

17.3 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.

18. WAIVER

18.1 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.

18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

18.3 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 clause 14 above.

19. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. ENTIRE AGREEMENT

20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between 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.

20.2 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 be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

20.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

21.1 We reserve the right to revise and amend these terms and conditions from time to time.

21.2 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 working days of receipt by you of the Products).

22. LAW AND JURISDICTION
Contracts for the purchase of Products through our 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) shall be subject to the exclusive jurisdiction of the courts of England and Wales.