Terms & Conditions
Terms – Products
These are the terms and conditions on which we supply products to you listed on our site at www.healthista.com (our site). Please read these terms carefully before you submit an order. These terms tell you who we are, how we will provide products, how you and we may change or end the contract, what to do if there is a problem and other important information.
Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents referred to in it. If you refuse to accept these Terms, you will not be able to order any Products from us. We advise you to print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
Information about us and how to contact us
Who we are. We are Healthista Limited a company registered in England and Wales. Our company number is 09902077 and our registered office is at Healthista Ltd, 85 Frampton Street, London NW8 8NQ. Our VAT number is 252901910.
How to contact us. You can contact us by telephoning us on 020 3148 5333 or by writing to us at Healthista Ltd, 85 Frampton Street, London NW8 8NQ or by email to email@example.com.
How we may contact you. We will contact you by telephone or at the email address or postal address you provided to us in your order.
How to place an order – Our contract with you
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that your order will only be accepted when it is dispatched as described in section 3.2.
How we will accept your order. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we cannot accept your order. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of pricing error as referred to in section 11.6, we will inform you of this by e-mail and we will not process your order until we have agreed any change with you by email or phone. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
We only sell to the UK. Unfortunately, we do not deliver to addresses outside the UK.
You may only purchase Products from our site if you are at least 18 years old.
Products may vary. The images of the products on our site are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that a device’s display of colours accurately reflects the colour of the products. Your product and its packaging may vary slightly from the images on our site.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Providing the products
Delivery costs. The costs of delivery will be as displayed to you on our site.
When we will provide the products. During the order process we will let you know when we will provide the products to you which will be no later than 30 days after the day on which we accept your order
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
If you are not at home when the product is delivered. If no one is available to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.
When you become responsible for Products. The Products are your responsibility from completion of delivery.
When you own Products. You own the Products once we have received payment in full, including all applicable delivery charges.
Returns and Refunds
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see section 9;
If you want to end the contract because of something we have done or have told you we are going to do, see section 6.2;
If you have just changed your mind about the product, see section 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
The reasons are:
- We have told you about an error in the price or description of the product and you do not wish to proceed;
- There is a risk that delivery may be significantly delayed because of events outside our control: you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in these terms.
You don’t have the right to change your mind in respect of perishable products or products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
How long do I have to change my mind? You have 14 days after the day you receive the goods, or where orders are split into several deliveries, 14 days after the day you receive the last delivery, to change your mind.
How to terminate your order (including if you have changed your mind)
Tell us you want to stop your order by calling us on 020 7801 3430 or email us at firstname.lastname@example.org providing your name, address, order details and your phone number and email address.
Returning products after ending the contract. You must return products to us by post to us at 85 Frampton Street, London NW8 8NQ.
When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed; or if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see section 8.2.
Our rights to end the contract
We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints, please contact us by telephone on 0203 1485333, by writing to us at 85 Frampton Street, London NW8 8NQ or by email to email@example.com.
Summary of your key legal rights. Nothing in these terms affects these. See also section 6.3.
For more information see the Citizens Advice site www.adviceguide.org.uk or call 03454 040506. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the product’s expected lifespan you are entitled to the following:
up to 30 days: if your products are faulty, then you can get an immediate refund.
up to 6 months: if products can’t be repaired or replaced, then you’re entitled to a full refund in most cases.
up to 6 years: if products do not last a reasonable length of time you may be entitled to some money back.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us. We will pay the costs of postage.
Price and payment
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. However, It is possible that, despite our best efforts, products on our site may be incorrectly priced. If the correct price is higher than the price stated, we will contact you for your instructions before accepting your order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust VAT that you pay, unless you paid in full before the rate change takes effect.
When you must pay and how you must pay. We only accept payment with [LIST CARDS], not cash or cheque. You must pay for the products before we dispatch them. We will not charge your credit/debit card until we dispatch the products. You agree to compensate us against reasonable costs expenses and outgoings incurred by us in obtaining payment from you if a failed payment occurs. This will include an administration charge of not less than £20.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at section 9.2; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Other than as set out in section 11.1 our maximum liability arising out of any order for the supply of products to you will be limited to the retail price of the products.
Other important terms
Transfer of this agreement. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and will ensure that the transfer will not affect your contractual rights. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring proceedings in respect of the products in either the Northern Irish or the English courts.
Terms – Digital Packs
IMPORTANT INFORMATION – DISCLAIMER:
HEALTHISTA LIMITED (HEALTHISTA) HAS TAKEN REASONABLE STEPS TO ENSURE THAT THE CONTENT IN OUR PRODUCTS AND SERVICES, INCLUDING THE DIGITAL PACKS, IS, TO THE BEST OF ITS KNOWLEDGE, ACCURATE. THE DIGITAL PACKS CONTAIN ONLY GENERIC ADVICE AND INFORMATION AND ARE NOT INTENDED TO REPLACE SPECIFIC ADVICE FROM YOUR OWN DOCTOR OR OTHER HEALTH PROFESSIONALS. BEFORE FOLLOWING ANY GUIDANCE, PLEASE CONSULT WITH YOUR GP OR OTHER RELEVANT HEALTH PROFESSIONAL, PARTICULARLY IF YOU: CONSIDER IT NECESSARY; HAVE ANY CONCERNS ABOUT YOUR HEALTH; ARE NOT SURE WHETHER THE GUIDANCE IS SUITABLE FOR YOU; HAVE ANY PRE-EXISTING HEALTH PROBLEMS, INJURIES, OR ANY CURRENT SYMPTOMS. THE USE OF INFORMATION WITHIN DIGITAL PACKS IS AT YOUR OWN RISK. IN THE ABSENCE OF NEGLIGENCE OR OTHER BREACH OF DUTY BY HEALTHISTA, NEITHER HEALTHISTA, NOR ANY OF THE EXPERTS APPEARING IN THE VIDEOS, SHALL BE HELD LIABLE OR RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE DIGITAL PACKS.
Where to find information about us and our products and services
You can find everything you need to know about us, Healthista, and our products and services on our website before you order. We also confirm the key information to you in writing after you order.
We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product or service and we don’t compensate them in the same way for losses caused by us or our products or services. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products or services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We only accept orders when we’ve checked them
We contact you to confirm we’ve received your order and we accept it when we supply the product or service to you.
Sometimes we reject orders
Sometimes we reject orders, for example, because a credit reference we have obtained is unsatisfactory, because we can’t verify your age (where the product or service is age-restricted) or because the product or service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you order
However, for some products and services we take payment at regular intervals, as explained to you during the order process.
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product or service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but you can contact our Customer Service Team: firstname.lastname@example.org to end the contract and receive a refund for any products or services you have paid for in advance, but not received, less reasonable costs we have already incurred.
IF YOU ARE A CONSUMER, YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND BEFORE ACCESSING OR DOWNLOADING YOUR PRODUCT OR SERVICE:
When you can’t change your mind. You can’t change your mind about an order for:
- digital products, after you have started to download or stream these;
- services, once these have been completed;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
- goods that are made to your specifications or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind.
If you change your mind about a product or service you must let us know no later than 14 days after:
- the day we deliver your product, if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
- the day we confirm we have accepted your order, if it is for a service.
- the day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can’t change your mind about digital content once we have started providing it.
How to let us know.
To let us know you want to change your mind, contact our Customer Service Team: email@example.com
You have rights if there is something wrong with your product or service
If you think there is something wrong with your product, you must contact our Customer Service Team: firstname.lastname@example.org
Your rights and remedies if you are a consumer
We honour our legal duty to provide you with products or services that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights (as a consumer)
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get a refund.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you’re entitled to a repair or a replacement.
- If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
- If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
WE CAN CHANGE PRODUCTS AND SERVICES AND THESE TERMS:
Changes we can always make
We can always change a product or service:
- to reflect changes in relevant laws and regulatory requirements;
- to implement minor technical adjustments and improvements, for example to address a security threat.; and
- to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
- Changes we can only make if we give you notice and an option to terminate
We can also make the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team: email@example.com to end the contract before the change takes effect and receive a refund for any products and services that you’ve paid for in advance, but not received.
WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO):
We can suspend the supply of a product
We do this to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product.
We let you know, may adjust the price and may allow you to terminate
We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product or service we adjust the price so you don’t pay for it while it’s suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 4 weeks, you can contact our Customer Service Team: firstname.lastname@example.org to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.
We can withdraw products or services
We can stop providing a product or service, such as a subscription for digital content. We let you know at least 7 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product or service.
WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS:
Our liability to consumers
We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section “We’re not responsible for delays outside our control” above.
- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in “Our liability to businesses” below.
Our liability to businesses
If you’re a business, then, except in respect of the losses described in “Losses we never limit or exclude” below:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
Losses we never limit or exclude
Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US:
Our complaints policy
Our Customer Service Team: email@example.com will do their best to resolve any problems you have with us or our products and services.
Resolving disputes without going to court
Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the ADR Group through their website at www.adrgroup.co.uk. The ADR Group does not charge you for making a complaint and, if you’re not satisfied with the outcome, you can still go to court.
You can go to court
These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT:
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: www.healthista.com/privacy-policy.
We can transfer our contract with you, so that a different organisation is responsible for supplying your product or service
We’ll contact you to let you know if we plan to do this. If you’re a consumer and you’re unhappy with the transfer you can contact our Customer Service Team: firstname.lastname@example.org to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.
You can only transfer your contract with us to someone else if we agree to this
We may not agree to the transfer. We can require the new owner to prove you transferred the product or service to them. If you’re a business, you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.
Nobody else has any rights under this contract
This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply
If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later
We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.