Makesmehealthy.com - Buyer Terms and Conditions

We are: Makesmehealthy.com [1]

 

We can be contacted by: calling +44(0)1484 533800 during office hours;

 

emailing us ; or

 

writing to us at the address set out below.

 

You are: a user of our services.

 

Please read the terms and conditions set out below carefully before ordering any Goods displayed on our Website. By searching ordering Goods from a Seller or using this Website you agree to be bound by these terms and conditions (“Terms and Conditions”).

 

1. Definitions

 

“Agreement” is a reference to these Terms and Conditions and the Privacy Policy;

 

“Content” is a reference to any material including but not limited to photographs, information, data, software, videos, text, music, sound, graphics, or messages posted by you, or other users on our Website;

 

“Customer”, “you”, “your” and “yours” are references to any user accessing this Website;

 

“Goods” is a reference to any goods which Sellers may offer for sale from our Website from time to time;

 

“Seller” means a person or entity who is listed on our Website and who sells Goods;

 

“we”, “us” and “our” are references to Makesmehealthy.com;

 

“Website” is a reference to the website, www.makesmehealthy.com, which is run and operated by us and on which these Terms and Conditions are displayed.

 

 

 

2. Services

 

We provide a venue for you to order Goods from Sellers and provide feedback on Goods and Sellers. We do not process payment transactions between you and a Seller and the contract for purchase of any Goods, is between you and the applicable Seller not with us.

 

 

 

WE DO NOT PROVIDE OR OFFER MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY VIEWS OR CLAIMS ABOUT PRODUCTS SOLD ON OUR WEBSITE DO NOT REPRESENT OUR VIEWS OR CLAIMS. IF YOU ARE SUFFERING FROM A MEDICAL CONDITION IT IS ALWAYS BEST TO SEEK SPECIALIST MEDICAL ADVICE FROM YOUR GENERAL PRACTITIONER OR OTHER MEDICALLY QUALIFIED SPECIALIST.

 

 

 

3. Ordering Goods or Services

 

3.1 When ordering from this Website you may be required to provide a username and password. Where this information has been provided by you, you must ensure that you keep these details secure and do not provide this information to a third party.

 

3.2 You must be 18 years or older to order Goods through our Website.

 

3.3 Any order that you place with a Seller is subject to product availability and acceptance by the Seller. When you place your order online the Seller will send you an email to confirm that it has received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that your order has been accepted. The Seller will contact you with a further email to confirm the price, delivery details and acceptance of your order. If the Goods are not available you will be advised by email.

 

3.4 All prices listed on the Website are correct at the time of publication however Sellers reserve the right to alter these in the future. Sellers also reserve the right to alter the Goods available on the Website and to discontinue any product line.

 

3.5 You warrant that the credit or debit card details that you provide are your own credit or debit card and that you have sufficient funds to make the payment.

 

3.6 Payment for Goods must be made via PayPal at the time of ordering.

 

3.7 Goods will be despatched by the Seller to the Buyer usually within 3 working days of your payment.

 

3.8 All Goods purchased from a Seller listed on our Website will be subject to the specific terms and conditions of the Seller and you should familiarise yourself with these before you place any order. The Seller’s terms and conditions will be displayed on the Seller’s store on the Website.

 

 

 

4. Delivery

 

4.1 Delivery will be made in accordance with the terms offered by the Seller. Please check the Seller’s details for delivery methods, costs and timescales.

 

 

 

5. Refunds and Cancellations

 

5.1 Please check the terms and conditions of your Seller for details of their Refunds and Cancellation Policy.

 

5.2 If you are a consumer based in the EU, you will be entitled to the benefit of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and will be entitled to cancel or return Goods. Please see the Seller’s terms for more details.

 

 

 

6. Content

 

6.1 We cannot be held liable for any Content posted on our Website, whether it is publically or privately submitted. All Content is the responsibility of whoever published such Content.

 

6.2 We will use our reasonable endeavours to monitor Content uploaded to our Website to ensure the quality of work remains high and we reserve the right to remove, amend or delete any Content that we consider in our sole discretion is not suitable.

 

6.3 Due to the nature of the Website we cannot verify all Content and the validity of postings or portfolios displayed on the Website. We therefore cannot represent or warrant the validity or otherwise of any Content including portfolio pages displayed on our Website.

 

 

 

7. Your Information

 

7.1 Where we have requested information from you to provide our services you agree to provide us with accurate and complete information.

 

7.2 You authorise us to use, store or otherwise process your personal information in order to provide the services to you. Any personal data that we collect from you will be processed and stored in accordance with our Privacy Policy.

 

 

 

8. Complaints

 

We take complaints regarding our Sellers very seriously and aim to acknowledge any complaint within 5 business days. Should you have any complaints concerning the Goods you received from a Seller you should email us. We will investigate your complaint which will involve liaising with the Seller. We may also need to contact you for more information about your complaint. We cannot guarantee that we will be able to resolve any dispute that you may have with a Seller.

 

 

 

9. LIMITATION OF LIABILITY

 

9.1 WE ARE NOT THE SELLERS OF THE GOODS THAT YOU MAY BUY ON OUR WEBSITE AND AS A RESULT WE CANNOT ACCEPT LIABILITY FOR ANY LOSS, DAMAGE, INJURY (INCLUDING PERSONAL INJURY), COST OR EXPENSE SUFFERED OR INCURRED BY YOU AS A RESULT OF THE GOODS SUPPLIED TO YOU BY A SELLER.

 

9.2 WE DISCLAIM ANY AND ALL LIABILITY TO YOU FOR THE SUPPLY OF OUR SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

 

9.3 IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU SUCH LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID US. WE EXCLUDE LIABILITY FOR LOSSES THAT WERE NOT FORESEEABLE TO BOTH PARTIES WHEN THE CONTRACT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.

 

9.4 OUR SERVICES AND OUR WEBSITE ARE PROVIDED TO YOU FOR PRIVATE DOMESTIC AND CONSUMER USE ONLY. ACCORDINGLY, WE DO NOT ACCEPT LIABILITY FOR ANY LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING OUT OF THE USE OF THE WEBSITE OR FOR ANY PRODUCTS OR SERVICES PURCHASED THROUGH OUT WEBSITE.

 

9.5 GREAT CARE HAS BEEN TAKEN TO ENSURE THAT THE INFORMATION AVAILABLE ON THIS WEBSITE IS CORRECT AND ERROR FREE. WE APOLOGISE FOR ANY ERRORS OR OMISSIONS THAT MAY HAVE OCCURRED. WE CANNOT WARRANT THAT USE OF THE WEBSITE WILL BE ERROR FREE OR FIT FOR PURPOSE, TIMELY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE WEBSITE AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, RELATING TO FITNESS FOR PURPOSE, OR ACCURACY.

 

 

 

10. Intellectual Property Rights

 

10.1 Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. The collection, arrangement and assembly of all content on the Website is our exclusive property and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

 

10.2 All content on the Website including information uploaded by Sellers is protected by copyright.

 

10.3 You are not permitted or licensed to reproduce, copy or use in any way the trade marks, logos and other intellectual property rights that we own except as expressly set out in these Terms and Conditions.

 

 

 

11. Linked Sites

 

There may be a number of links on our Website to third-party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.

 

 

 

12. General

 

12.1 We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions by giving you written notice.

 

12.2 We may alter or vary the Terms and Conditions at any time. Any variation will not affect existing orders placed with us. Variations or updates to our Terms and Conditions will be published on our Website. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

 

12.3 The Terms and Conditions together with the Privacy Policy form the basis of our contract. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

 

12.4 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

 

12.5 These Terms and Conditions and our Agreement shall be governed by relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Agreement.

 

12.6 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

 

12.7 It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

 

June 2018

 

 

[1] Makes me healthy Ltd, (registration no. 09827192) 8 Queens Mill Road, Queens Mill Industrial Estate, Huddersfield, West Yorkshire HD1 3RR.