In these conditions of sale all references to “the Seller”, “we”, “us” or “our” are to Results in Wellness Limited, and all references to “the Buyer”, “you” or “yours” are to the person, firm or company by whom the order is given. All references to “the Goods” are to any items ordered by the Buyer from the Seller or supplied by the Seller to the Buyer. All references to “the Contract” shall be to the contract for the sale and purchase of the Goods between the Buyer and the Seller incorporating these terms and conditions.
These terms and conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
The Contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Seller which is not set out in the Contract.
Unless otherwise stated all prices are inclusive of VAT at the rates ruling at time of dispatch. Published price lists and quoted prices, while given in good faith, are subject to change without notice due to suppliers’ price fluctuations and other causes beyond the Seller’s control. Quoted prices apply only to the stipulated quantities and do not necessarily hold for lesser quantities.
The Buyer shall pay the quoted price on ordering, in full and in cleared funds to the bank account nominated in writing by the Seller. Time of payment is of the essence.
If the Buyer fails to make any payment due to the Seller by the due date for payment, then the Buyer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Buyer shall pay the interest together with the overdue amount.
The Buyer shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.
Every effort is made to ensure that the catalogue descriptions and illustrations are clear and accurate. All colours and sizes are approximate. The reproduction of colours is as accurate as photographic and printing processes will allow. Due to our policy of continual improvement some Goods may vary from those described. The Seller reserves the right to amend the specification, construction and/or design without prior notice.
Orders placed before 2pm Monday to Friday will under normal circumstances be despatched the same day. Normal delivery is within 2 to 3 working days from receipt of order. Expedited orders received before 2 pm are dispatched for next working day delivery. The Seller shall use reasonable endeavours (but does not guarantee) to deliver the Goods on the next working day (being a day on which banks are open for business in London, other than a weekend or public holiday) following your order, however please allow up to 72 hours for delivery to areas located in the following post codes: AB (excluding AB10-16, 21, 24-25), JE, GY , FK17-22, G83, IV1- excl 28, IV33-39, KW1-3, KW5-14, PA21-33, PA35-40, PH18-26, PH30-42, HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA34, PA41-48, PA60-78, PH42-44, ZE1-3.
We cannot deliver to PO Boxes. Please note that days quoted are working days. For further information on delivery timescales, please contact our Sales Department on 01732 447 321.
The risk in the Goods shall pass to the Buyer on completion of the delivery.
Title to the Goods shall not pass to the Buyer until the later of the completion of the delivery or the receipt by the Seller of payment in full (in cash or cleared funds) for the Goods.
Under the Consumer Protection (Distance Selling) Regulations 2000, you the customer have a 14 day ‘cooling off’ period from the day you receive your Goods, in this time you should notify the Seller that you wish to cancel a full refund will be given, including any original delivery charges.
Should your Goods have already been dispatched and it is simply a ‘change of heart’ then the return delivery costs will be borne by you the customer. However, if there is a fault, the return delivery costs will be borne by the Seller.
Please see our website for our returns policy or contact our Customer Service Department who will advise you in the correct procedures for all return items.
All returned Goods must be in the original packaging, clean and unused.
Damaged or faulty Goods or short deliveries must be notified to the Seller within 3 days of delivery and the Goods and packaging material retained for inspection. Otherwise no liability can be accepted. The Seller’s liability in respect of faulty Goods shall be limited to giving the Buyer the benefit of any guarantee given by the original manufacturer of the Goods. Goods returned as reported faulty by the Buyer will be returned by the Seller to the original manufacturer for their inspection and report.
Please note that all Goods are sold by product description and not by product code. Product codes are listed solely to enable identification of products and no guarantee of any specific manufacturers/suppliers products are to be inferred from such references. Product codes MUST be used with all orders.
The Seller warrants that the Goods shall at the time of delivery correspond to the specifications published by the original manufacturer when used for purposes for which products of that type are ordinarily used. In the absence of any such published specifications applicable to the Goods, the Seller warrants that the Goods shall at the time of delivery be of merchantable quality. If any Goods do not conform to that warranty the Seller will at its option : i) replace the Goods found not to conform to the warranty; ii) bring the Goods into conformity with the published specifications of the original manufacturer or (as the case may be) merchantable quality; or iii) take back the Goods found not to conform to the warranty and refund the appropriate part of the purchase price. All claims must be made in writing to our Customer Service Department accompanied by proof of purchase and details/nature of defect.
Every endeavour has been made to ensure that the product information given herein, in the product description or in the product specifications is true and reliable but is given only as a guidance to our customers. The Seller cannot accept any responsibility for the loss or damage that may result from the use of the information due to the possibility of variations of processing or working conditions and of workmanship outside of our control. Buyers and their customers or end-users are advised to confirm the suitability of the Goods by their own tests.
The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct result of the duties and/or obligations of the Seller in the Contract being prevented, hindered, delayed or rendered uneconomic by reason of any Force Majeure Circumstances. “Force Majeure Circumstances” shall mean any act of God, war, strike, lock-out, industrial action, accident, breakdown of plant or machinery, fire, flood, drought, storm, difficulty or increase in obtaining materials or transport or other circumstances beyond the reasonable control of the Seller.
Nothing in these terms and conditions shall limit or exclude the Seller’s liability for:
Subject to (i) – (iv) above, the Seller shall under no circumstances whatever be liable to the Buyer, 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 the Contract; and
the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
The Seller may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Buyer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Seller.
No variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).