1.2 Please read these Terms & Conditions carefully before ordering any Goods from the Website. You should understand that by ordering any of our Goods, you agree to be bound by these Terms & Conditions.
2.1 The Website is owned and operated by Ovivo Wellness Limited, a company registered in England and Wales with registered number 7943651 whose registered office is at 30 Percy Street, London, W1T 2DB. The terms “we”, “our”, “us” when used in these Terms and Conditions means OvivoWellness Limited (“OVIVO”).
3.1 You may place an order to purchase the Goods advertised for sale on the Website by clicking on the relevant Goods and following the on-screen instructions.
3.2 When placing an order you will be asked to provide your name and contact details (including your email address) and your delivery address. After placing an order, we will send you an email acknowledging that we have received your order and setting out a summary of your order. Please note this email is an acknowledgement of receipt of your order only and does not mean that your order has been accepted by us. Your order amounts to an offer to us to buy the relevant Goods. Your order will be subject to acceptance by us, and we will confirm such acceptance to you by sending you a separate email confirming that the Goods have been dispatched to you (the “Confirmation Email”).
3.3 The contract between us will only be formed when we send you the Confirmation Email. The contract will relate only to those Goods whose dispatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Confirmation Email.
4.1 The price of each of the Goods will be as set out on our Website from time to time, except in cases of manifest error. We shall be entitled to amend the price of any Goods at our sole discretion from time to time, but no such amendment will affect orders in respect of which we have already sent you a Confirmation Email.
4.2 The prices on the Website include VAT (if applicable) but exclude delivery costs, if any, which will be added to the total amount due once you have selected a delivery service from the available options when you place your order.
4.3 We shall not complete your order until you have paid for it in full. Payment must be by valid credit or debit card and is subject to such specific payment terms as we may notify to you when you make payment, including which cards we accept.
4.4 By using a credit or debit card to pay for your order, you warrant that you are entitled to use the card. All credit and debit card transactions are subject to authorisation by the relevant card issuer. If your card issuer does not authorise payment we will not accept your order and we will not be liable for any delay or non-delivery.
5.1 We will deliver the Products to you in accordance with the delivery option specified by you when you placed your order.
5.2 When ordering goods from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance (and/or additional taxes) must be borne by you.
6.1 Once delivered, the Goods will become your responsibility and, except in relation to Goods that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss or damage after they have been delivered.
6.2 Ownership of the Goods will pass to you on the later of:
6.2.1 delivery of the Goods to you; or
6.2.2 receipt by us of full payment of all sums due in respect of the Goods, in cleared funds (including delivery charges).
7.1 This clause 7 applies to you if you are ordering Goods in your capacity as a consumer rather than as a business. If you are ordering the Goods as a business, this clause 7 does not apply to you.
7.2 You may cancel your order (or any part of it) within seven working days after the date of delivery by notifying our Customer Service team at [email protected]. If we have already dispatched the unwanted Goods to you, you must immediately return them to us unused and in their original packaging at your risk and at your cost.
7.3 You must return the Goods to our address at:
Returns @ OVIVO Wellness Ltd
The Health Store
Unit 10, Blenheim Park Road
You have a legal obligation to take reasonable care of the unwanted Goods while they are in your possession.
7.4 If a refund is payable to you, we will process the refund as soon as possible, and, in any case within thirty (30) days of the day you give written notice of cancellation. We will pay the money to you using the same method originally used by you to pay for your purchase.
8.1 If you return any Goods claiming they are defective, we will examine the returned Goods and, if we consider they are defective, we will notify you of your refund via email within a reasonable period of time.
8.2 If applicable, we will process the refund due to you as soon as possible and, in any case within thirty (30) days of the day we confirm via email that you are entitled to a refund for defective Goods.
8.3 Nothing in these Terms and Conditions affects your statutory legal rights.
(a) OVIVO’s limitation of liability in respect of consumer users
9.1 If you are using this Website as a consumer, and not as a business user, then clauses 9.2 to 9.4 shall apply.
9.2 We shall not be liable to you for any loss or damage which is not a reasonably foreseeable result of your order and/or use of the Goods, including:
9.2.1 third party loss;
9.2.2 loss of income or revenue; or
9.2.3 loss of profits.
9.3 Our liability for any losses you may suffer as a result of us breaching these Terms and Conditions or for any breach of any statutory duty or negligence or otherwise is strictly limited to the total purchase price of your Goods.
9.4 Nothing in these Terms and Conditions shall exclude or restrict any liability for death or personal injury arising from the negligence of OVIVO or for any liability which cannot be excluded or limited by law.
(b) OVIVO ‘s limitation of liability in respect of business users
9.5 If you are ordering Goods as a business user, then clauses 9.6 to 9.8 shall apply.
9.6 To the maximum extent permitted by law, neither we nor any of our directors, employees or other representatives will be liable for any of the following losses or damage (howsoever arising and whether such losses were foreseeable or not):
9.6.1 loss of profit;
9.6.2 loss of revenue;
9.6.3 loss of business or commercial opportunity;
9.6.4 loss of data;
9.6.5 loss of goodwill; and/or
9.6.6 any indirect, consequential or special loss.
9.7 Our liability for any losses you may suffer as a result of us breaching these Terms and Conditions or for any breach of any statutory duty or negligence or otherwise is strictly limited to the total purchase price of your Goods.
9.8 Nothing in these Terms and Conditions shall exclude or restrict any liability for death or personal injury arising from the negligence of OVIVO or for any liability which cannot be excluded or limited by law.
10.1 All notices given by you to us must be given to us at [email protected] We may give notice to you at either the email or postal address you provided to us when placing your order. Notices by email will be deemed to have been received at the time of transmission and, in the case of post, 48 hours from the date of posting.
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any event outside our reasonable control (a “Force Majeure Event”).
11.2 A Force Majeure Event includes (without limitation) the following:
11.2.1 strikes, lock-outs, working to rule or other industrial action;
11.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.2.3 fire, explosion, storm, flood, earthquake, volcanic eruption, subsidence, epidemic or other natural disaster;
11.2.4 impossibility of the use of public or private telecommunications networks; and/or
11.2.5 the acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under these Terms and Conditions 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 provide a suitable alternative date on which you can enjoy the Experience.
12.1 If any of these Terms and Conditions 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.
12.2 Any waiver by OVIVO of a breach of any provision of these Terms and Conditions shall not be deemed to be a waiver of any subsequent breach of any provision.
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England. By using the Website, you accept that any dispute under these Terms and Conditions (including non-contractual claims or disputes) shall be subject to the exclusive jurisdiction of the English courts to which you submit.
Further information on these Terms and Conditions or any queries on them can be obtained from Ovivo Wellness Limited at: 84 Hampstead House, 176 Finchley Road, London, NW3 6BT, United Kingdom
Telephone +44(0)203 286 2018 Email [email protected].
If you have any queries in regard to these Terms of Sale please don’t hesitate to contact us
www.ovivowellness.com (the “Website”) is owned and operated by Ovivo Wellness Limited (Ltd), a company registered in England and Wales with registered number 7943651 whose registered office is at 5 Oak Square, London Road, Swanley, Kent, BR8 7AG.
1.1 Please read the following terms and conditions (the “Terms”) carefully before using the Website. These Terms form the agreement between you and us and govern your use of the Website. If you buy a product from the Website, the Terms and Conditions of Sale shall govern the purchase. In the event of any conflict or inconsistency between these Terms and the Terms and Conditions of Sale, the Terms and Conditions of Sale shall apply.
1.2 By using the Website, you signify your agreement to be bound by these Terms. If you do not agree to accept these Terms, you should not use the Website.
1.3 We reserve the right to change these Terms at any time and
you are advised to review the Terms regularly to ensure that you are
aware of any changes. Your continued use of the Website after such
changes are posted will be deemed agreement on your part to these Terms,
2.1 Copyright, database right and all intellectual property rights in the content of the Website are either owned by or are licensed to OVIVO. Except as specifically provided in clause 2.2, no part of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed, in any form.
2.2 You are granted a limited licence to access and use the Website and to download and print one copy of any portion of the Website to which you have properly gained access. Except as set out in this clause 2.2, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without OVIVO’s prior written permission.
2.3 All trademarks and logos shown on the Website are either owned by OVIVO or a third party. No rights are granted to use any trademarks or logos which appear on this Website other than as expressly set out in clause 2.2 above. For the avoidance of doubt, you may not use any meta tags or any other hidden text utilising OVIVO’s trademarks without our prior written permission.
2.4 Under no circumstances shall the use of this Website grant to any user any interest in the content of the Website or in any intellectual property rights of OVIVO whatsoever.
3.1 You must not alter, add to, delete, remove or tamper with this Website or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Website. You must not misuse this Website by knowingly introducing viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website.
3.2 By breaching clause 3.1, you could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and use our Website will cease immediately.
3.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. We recommend that you take measures to protect the security of your computer including installing anti-virus software on to your computer.
3.4 You must not access the Website for unlawful use, including use which would constitute a criminal offence under English law. You hereby agree to on demand indemnify and keep indemnified OVIVO® for any costs, claims, liabilities, fines, expenses, demands, proceedings and losses whatsoever made against or incurred by OVIVO® as a direct or indirect result of your breach of this clause 3.4.
4.1 Any material posted on the Website is provided on an “as is” basis. It is not intended to amount to advice and is not intended to diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem we recommend that you consult your professional health advisers.
4.2 Whilst we reserve the right to change the content of the Website at any time, material on the Website may be out of date from time to time and we are under no obligation to update such material.
4.3 We make no representation that material on the Website is appropriate for use or available outside England. If you access the Website from outside England, you are solely responsible for compliance with any applicable local law or practice.
5.1 From time to time, this Website may contain links to other websites which we consider may be of interest or helpful to you. These links are provided for your convenience only and OVIVO® has no control over nor is in any way responsible for the content or availability of such websites. OVIVO® therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 You may not link to this Website from any other website without our prior written permission. Permission for such linking may be requested by sending your name, address, website URL and details of the nature of the website to [email protected].
6.1 OVIVO® shall not be liable to you in respect of any goods or services that are advertised or promoted on the Website by any other suppliers and you should make your own inquiries to ensure that the goods and services offered by those suppliers are suitable for your purposes, are (as the case may be) of satisfactory quality or provided with reasonable skill and care and that you have read and agreed any terms of business under which those goods and services are supplied.
7.1 You are responsible for making all arrangements necessary for you to have access to the Website.
7.2 Access to the Website is permitted on a temporary basis. We reserve the right to terminate your access to the Website or any part of it, without notice, for any reason (including without limitation any breach of these Terms). From time to time, we may restrict access to some parts of our Website or to our entire Website.
7.3 While OVIVO® endeavours to ensure that the Website is normally available 24 hours a day, OVIVO® shall not be liable if for any reason the Website is unavailable at any time or for any period.
8.1 OVIVO® is providing the Website on an “as is” and “as available” basis and to the fullest extent permissible by law makes no (and expressly excludes all) warranties that the Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements. No content or information obtained by you from the Website, whether written or oral, will create any warranty or other obligation not expressly stated in these Terms.
(a) OVIVO® ‘s limitation of liability in respect consumer users
8.2 If you are using this Website as a consumer, and not as a business user, then clauses 8.2 to 8.4 shall apply. We shall not be liable to you for any loss or damage which is not a reasonably foreseeable result of your use of, or inability to use, the Website including but not limited to:
8.2.1 loss incurred by any third party;
8.2.2 loss of income or revenue; or
8.2.3 loss of profits.
8.3 In the event that OVIVO® are held liable by a court of competent jurisdiction, for any loss you suffer as a result of your use of, or inability to use, the Website, OVIVO® ‘s maximum liability to you will be limited to £100.
8.4 Nothing in these Terms shall exclude or restrict any liability for death or personal injury arising from the negligence of OVIVO® or for any liability which cannot be excluded or limited by law.
(b) OVIVO® ‘s limitation of liability in respect of business users
8.5 If you are using this Website as a business user, then clauses 8.5 to 8.7 shall apply. You expressly acknowledge and agree that:
8.5.1 in no event will OVIVO®, its officers, directors, employees or agents be liable to you in contract, tort (including negligence and breach of statutory duty) or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OVIVO® has been advised of the possibility of such damages) resulting from:
(a) the use or the inability to use the Website;
(b) the cost of obtaining substitute goods and/or services resulting from any data, information or service obtained or messages received or transactions entered into through or from the Website;
(c) unauthorised access to or alteration of your transmission or data;
(d) statements or conduct of any third party that uses the Website; or
(e) any other matter relating to the Website.
8.6 In the event that OVIVO® are held liable by a court of competent jurisdiction, for any loss you suffer as a result of your use of, or inability to use, the Website, OVIVO® ‘s maximum liability to you will be limited to £100.
8.7 Nothing in these Terms shall exclude or restrict any liability for death or personal injury arising from the negligence of OVIVO® or for any liability which cannot be excluded or limited by law.
9.1 These Terms and your use of the Website shall be governed by and construed in accordance with the laws of England. By using the Website, you accept that any dispute under these Terms or arising out of the use of the Website (including non-contractual claims or disputes) shall be subject to the exclusive jurisdiction of the English courts to which you submit.
9.2 You are responsible for complying with any applicable laws of the country from which you are accessing the Website.
11.1 If for any reason any part of these Terms is deemed to be unenforceable, then this part of the Terms will be severed and this will not affect the validity or enforceability of the remaining terms.
11.2 Any waiver by OVIVO® of a breach of any provision of these Terms shall not be deemed to be a waiver of any subsequent breach of any provision.
Further information on these Terms or any queries on them can be obtained from Ovivo WellnessLimited at: 84 Hampstead House, 176 Finchley Road, London, NW3 6BT, United Kingdom