These terms and conditions are the contract between you and Wellworking (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They protect your rights as well as ours.
We are: Wellworking Limited, a company registered in England and Wales. Our company registration number is 03882328. Our registered office is at C/O Tc Group, The Granary, Hones Yard, 1 Waverley Lane, Farnham, Surrey, England, GU9 8BB. Our registered VAT number is 744 4914 19.
You can contact us by telephoning our customer service team at 020 3110 0610 or by writing to us at email@example.com and by post to Wellworking Limited, Unit 7, Western Avenue Business Park, Mansfield Road, London W3 0BZ.
You are: Anyone who uses Our Website or buys any products from us by telephone.
If you are a business customer not buying online then separate terms are applicable and can be found here.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
In this agreement:
means any person or business contracted by us to carry Products from us to you.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the products we offer for sale on Our Website, or, if the context requires, products we sell to you.
means any website of ours and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Products by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Products advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Products.
3.5. Products may vary slightly from their pictures. The images of the Products on Our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only.
3.6. If we are making the Product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
3.7. The price of Products may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Products.
3.8. If in future, you buy Products from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.9. We do not sell the Products to countries outside of the UK. We may refuse to deliver the Products if you live in a country or part of the UK that we do not serve.
3.10. We may amend these terms from time to time. Please look at the bottom of this page to see when these Terms were last updated.
3.11. Every time you order Products from us, the terms in force at the time of your order will apply to the contract between you and us.
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Products to you. At any point up until then, we may decline to supply the Products to you without giving any reason.
4.2. If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
4.2.1 accept the alternatives we offer;
4.2.2 cancel all or part of your order.
5.1. The price payable for the Products that you order is clearly set out on Our Website.
5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Products until you have confirmed that you wish to buy at the new price.
5.3. Our Website enables you to toggle between displaying a VAT inclusive and a VAT exclusive figure for all Products. The price you pay will include value added tax (“VAT”).
5.4. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
5.5. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.6. If, by mistake, we have under-priced Products, we will not be liable to supply those Products to you at the stated price, provided that we notify you before we dispatch it to you.
5.7. The price of the Products does not include any applicable delivery charge. If there is a delivery charge for your order it will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.8. If we owe you money, we will credit your original payment method as soon as reasonably practicable but, in any event, no later than 14 days from the date when we accept that repayment is due.
We take care to make Our Website safe for you to use.
All payments, including those made by Card, Apple Pay, Amazon Pay, PayPal or Finance, are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card, bank account or payment details in a secure environment.
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
7.1. We now inform you that information relating to all aspects of our Products is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
7.2. The following rules apply to cancellation of your order:
7.2.1 If you have ordered Products, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
7.2.2 If you have ordered Products, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel.
7.2.3 We will return your money subject to the following conditions:
126.96.36.199 we receive the Products in a condition in which we can re-sell them.
188.8.131.52 you comply with our procedure for returns and refunds.
7.3. The option to cancel your order is not available:
7.3.1 if you purchase sealed products which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
7.3.2 if the Products are somehow mixed with other goods so that we cannot identify or easily separate them.
7.4. We will pay the costs of return:
7.4.1 if the products are faulty or misdescribed; or
7.4.2 if you are cancelling your order 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; or
7.4.3 if you are exercising your right to change your mind within the 14-day cooling off period.
7.5. In any of the above scenarios, we will return your money within 14 days.
8.1. Please examine the Products received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Products, we shall assume that you have accepted them.
8.2. The procedure to return the faulty Products is as follows:
8.2.1 the Products must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
8.2.2 before you return the Products to us, please carefully re-read the instructions and (if applicable) check that you have assembled it correctly, complied with any provisions relating to the power supply, plugs and sockets etc.
8.2.3 please follow the returns procedure which we will inform you of as soon as you notify us that you wish to return them.
8.3. We will return your money subject to the following conditions:
8.3.1 we receive the Products with warranty labels intact (if applicable).
8.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.
8.3.3 you tell us clearly what the fault is that you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
8.4. If any defect is found, then we shall:
8.4.1 repair or replace the Products, or
8.4.2 refund the full cost you have paid.
9.1. An estimated delivery date is stated on Our Website when you place your order. We will confirm the delivery date with you after your order has been processed by us.
9.2. Products that are held in our warehouse are delivered within 30 days.
9.3. In the case of made-to-order items, we will confirm a delivery date with you once we have received notification from the manufacturer. These Products will be delivered as soon as reasonably possible after we receive them in our warehouse.
9.4. Deliveries will be made by us or our Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.5. If we are not able to deliver your Products when stated, we shall notify you by e-mail to arrange another date for delivery.
9.6. We may deliver the Products in instalments if they are not all available at the same time for delivery.
9.7. Products are sent at our risk until delivered to you or by any other person at the address you have given to us.
9.8. If no one is at the address when the delivery is attempted the Products may be retained by the driver. When your Products arrive, it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.9. Signing "Unchecked", "Not Checked" or similar is not acceptable.
9.10. Some Products are sent by courier. We will send you a message by email to tell you when we have dispatched your order.
9.11. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.12. Some Products will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Products has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
9.13. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
9.14. We are happy for you to pick up Products from our warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
9.15. If you pick up Products from our premises then:
9.15.1 we will not be able to assist you in loading heavy items;
9.15.2 Products are at your risk from the moment they are picked up by you or your Carrier from our warehouse;
9.15.3 you agree that you are responsible for everything that happens after you take possession of the Products, both on and off our premises, including damage to property of any sort, belonging to any person.
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Products:
10.1. We do not accept returns unless there was a defect in the Products at the time of purchase, or we have agreed in correspondence that you may return them.
10.2. Before you return the Products to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
10.3. Products should be returned in their original condition.
10.4. You must tell us by email message to firstname.lastname@example.org that you would like to return Products, specifying exactly what Products and when purchased, and giving full details of the defect and when it arose.
10.5. Most of the Products are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer's operating instructions if applicable.
10.6. If we agree that the Products are faulty, we will:
10.6.1 organise the return of the Products at our expense;
10.6.2 repair or replace the Products as we choose.
10.7. If we repair or replace the Products, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11.1. These regulations provide that suppliers of equipment like high street shops and Internet retailers must allow Consumers to return their waste equipment free of charge.
11.2. Our obligation is to take back from you any electronic or electrical Product when you buy a replacement Product for similar use.
11.3. If you wish to take advantage of this service, you must return your waste item within 28 days of buying your new one. You must pay the carriage cost to us.
12.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
12.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
12.3. We make no representation or warranty for:
12.3.1 any implied warranty or condition as to merchantability or fitness of the Products for a particular purpose;
12.3.2 the adequacy or appropriateness of the Products for your purpose.
12.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
12.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Products concerned.
12.6. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
12.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 as well as to us.
12.8. If you become aware of any breach of any term of this agreement by any person, please tell us by email to email@example.com. We welcome your input but do not guarantee to agree with your judgement.
12.9. We make no representation or warranty and accept no responsibility in law for:
12.9.1 accuracy of any Content or the impression or effect it gives;
12.9.2 delivery of Content, material or any message;
12.9.3 privacy of any transmission;
12.9.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
12.9.5 any aspect or characteristic of any products or services advertised on Our Website;
12.10. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
12.11. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
12.12. Nothing in this agreement excludes liability for a party's fraud.
13.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
13.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
13.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
14.1. be malicious or defamatory;
14.2. consist in commercial audio, video or music files;
14.3. be illegal, obscene, offensive, threatening or violent;
14.4. be sexually explicit or pornographic;
14.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
14.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
14.7. solicit passwords or personal information from anyone;
14.8. be used to sell any products or services or for any other commercial use;
14.9. include anything other than words (i.e., you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
14.10. link to any of the material specified above, in this paragraph.
14.11. send age-inappropriate communications or Content to anyone under the age of 18.
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
15.1. hyperlinks, other than those specifically authorised by us;
15.2. keywords or words repeated, which are irrelevant to the Content Posted.
15.3. the name, logo or trademark of any organisation other than yours.
15.4. inaccurate, false, or misleading information.
16.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
16.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
16.4. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
16.5. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
16.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
16.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
16.8. Please notify us of any security breach or unauthorised use of your account.
17.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
17.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
17.3. If you are offended by any Content, the following procedure applies:
17.3.1 Your claim or complaint must be submitted to us by post or email.
17.3.2 we shall remove the offending Content as soon as we are reasonably able;
17.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
17.4. We may re-instate the Content about which you have complained or not.
17.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
17.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
If you violate Our Website, we shall take legal action against you.
18.1. You now agree that you will not, and will not allow any other person to:
18.1.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
18.1.2 link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
18.1.3 download any part of Our Website, without our express written consent;
18.1.4 collect or use any product listings, descriptions, or prices;
18.1.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
18.1.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
18.1.7 share with a third party any login credentials to Our Website.
18.2. Despite the above terms, we now grant a licence to you to:
18.2.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you’re not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
18.2.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
19.1. your failure to comply with the law of any country;
19.2. your breach of this agreement;
19.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
19.4. a contractual claim arising from your use of the Products;
19.5. a breach of the intellectual property rights of any person.
20.1. We will defend the intellectual property rights in connection with our Products and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
20.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
20.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
20.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
The following terms apply in the event of a dispute between the parties:
21.1. If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org.
21.2. If a dispute is not settled by contacting us, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
22.1. When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
22.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
22.3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
22.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
22.5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
22.6. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
22.7. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
22.8. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
22.9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in those countries.
Information about your statutory right to cancel
YOUR RIGHT TO CANCEL
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before we have delivered the product to you.
HOW TO CANCEL
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail at email@example.com.
You may use the below model cancellation form (which is also available here), but you can use your own words as long as your intention is clear.
Unit 7, Western Avenue Business Park,
I hereby give notice that I cancel my contract of sale of the following Products
Ordered on: [date]
Name: [enter name or names in which the order was made],
Address: [enter your address],
Signature: (only if this form is notified on paper)
These Terms & Conditions were last updated on 30th June 2023
A printable version of these Terms & Conditions is available here.