Terms & Conditions
Introduction
Introduction
This website is owned and operated by WelleCo UK Limited and are the supplier of the goods featured. The use of this website is governed by the policies, terms and conditions (the terms) set forth below. You should only access and use this website once you have read, accepted, and agreed to comply with the terms. Your use of this website including for the purposes of placing an order, registering an account or signing up to receive our emails is deemed to be your acceptance of the terms. If you do not agree with any of the terms, do not access or use this website. These terms shall supersede any subsequent terms or conditions included with any purchase order, whether or not those terms or conditions are signed by us.
Copyright and Trade Marks
Copyright and Trade Marks
The content of this website including all information, text, graphics, names, logos, trademarks, brands, designs, software and advertisements (Content) are the property of WelleCo UK Limited or an alternative owner and are protected by copyright, trademark and other intellectual property rights, unless expressly indicated otherwise on this website. You may access and display these pages on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this website. All other use, copying or reproduction (including reproduction or display on any other website) of any part of this website is prohibited unless expressly stated otherwise and rights not expressly granted herein are reserved. You must not use this website in any manner or for any purpose which is unlawful, or which violates the rights of any owner of any Content. Unless expressly stated otherwise, nothing contained in this website should be construed as a license or right of use of any trademark or copyrighted material displayed on the website without the express written permission of the owner of the trademark or copyright.
No Warranty or Representations
No Warranty or Representations
While we make every effort to ensure the information contained within or accessible by you through this website is accurate (Information), we make no warranty or representations about the accuracy, reliability, completeness or timeliness of the Information. The Information may contain inaccuracies or typographical errors. We have no liability for any errors or omissions and your use of this website and the Information is at your own risk. Any Information is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. Use of the information is not meant to serve as a substitute for professional medical advice. Please consult with your own doctor or health care practitioner regarding the use of any of our products or the Information before using or relying on them.
Exclusions and Limitations of Liability
Exclusions and Limitations of Liability
To the full extent permitted by law, we make no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by us.
Where legislation implies into this Agreement any condition or warranty that cannot be restricted or modified, our liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at our option, one or more of the following: (a) replacement of the products or Treatments, the repair of the Products , or the supply of equivalent Products or Treatments; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.
This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.
Limitations of Liability - Website
Limitation of Liability - Website
You agree that, to the fullest extent permitted by law, we will not be responsible or liable in relation to your use of any website of WelleCo UK Limited (‘Sites’) (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to our website; (c) data non-delivery, misdelivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of our website, including through or in relation to a hyperlink to or from third party websites; (e) any inaccuracies or omissions in content, or (f) events beyond our reasonable control.
You agree to defend, indemnify and hold harmless WelleCo UK Limited (and each of their officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the Sites; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of our website.
We will not be under any liability to you or any other person for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (including indirect or consequential loss or damage,) however caused (including due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these terms. We do not warrant that any of the functions contained in this website or your access to this website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.
Registration & Privacy
Registration & Privacy
You must place orders on this site through a registered account.
When you register and activate your account, you will provide us with personal information such as your name, email address and password. We will handle all personal information we collect in accordance with our Privacy Policy.
You are responsible for keeping your password secure and for all use and activity which takes place in connection with your account. To create an account, you must agree and undertake to use the website in accordance with these Terms.
You acknowledge the basis on which (and purposes for which) we may collect your personal information and authorise such collection in accordance with the terms of our Privacy Policy from time to time. You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. You agree not to provide misleading, deceptive or false information and that you indemnify us against any claims made against us as a result of your non-compliance with these terms. For more information about how we deal with your personal information, please review our Privacy Policy on our website.
Binding Conditions and Variations
Binding Conditions and Variations
The terms of this website are legally binding. We reserve the right to make changes to this website and its terms at any time. You will be bound by the amended terms from the time that we post the updated terms on this website. You should visit this page before each access or use of this website and periodically to review the terms. Past terms and conditions and Privacy Policies can be accessed on written request to us at customerservice@welleco.com.
Breach and Termination
Breach and Termination
If, in our reasonable opinion, you have breached any provision of this Agreement we may immediately issue a warning or temporarily suspend or permanently prevent your access to any or all or parts of our website. In any event, we may terminate the Agreement (and your rights to use our website) at any time and for any reason without prior notice to you.
Applicable Law and Jurisdiction
Applicable Law and Jurisdiction
All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the laws of the state in which you purchase products from us. By purchasing products from us you submit to the jurisdiction of the courts of Australia and where applicable the court of the state in which you purchase those products and you agree that any legal action will only be commenced in these forums.
Links to Third Party Sites
Links to Third Party Sites
We will from time to time publish links to third party websites on this website. Content, hyperlinks or information held on those other sites are not under our control. We do not endorse any material on any linked sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose, or any other aspect of the material on any linked sites. We do not warrant that the material on any linked sites does not infringe intellectual property rights of any other person. Any dealings you have with a linked site are at your own risk. We accept no liability for any act, omission or default, whether negligent or otherwise, or any loss or damage occasioned by such negligent act or omission, of any service provider or third party in respect to a linked site.
Information Storage & Payments
Information Storage & Payments
We do not store your credit card data. If you choose a direct payment gateway to complete your purchase, then Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
Consent to Receive Emails
Consent to Receive Emails
By ordering product or registering on the website and agreeing to sign up for the email marketing newsletter, you consent to being sent information via email from Welle Pty Ltd. You can unsubscribe via a link in our emails, in the My Account section of the website or by contacting our Customer Service Team and we will remove you from any marketing email communications. If you opt out of receiving communications via email, you will be removed from our email database. However, your account will still be valid for your use. You may contact us at any time and request your personal information or ask us to no longer use your personal information for marketing.
Consent to Receive SMS
Consent to Receive SMS
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us ("WelleCo Australia," “WelleCo,” “we,” “us,” “our”), (each, a “Text Message”) and agree and understand that:
- We and/or any third-party agency acting on our behalf may communicate with you at such number by SMS text message, including through the use of an autodial system (“Texts”), regarding special offers, promotions, and for other informational purposes.
- Standard message, data, voice, or other rates may apply from your mobile service or wireless device carrier for Texts you receive. In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.
- Text frequency will be provided at the time you sign up for the particular Text program.
- You may text "HELP" in response to a Text sent from us to receive help.
- You may opt out of receiving any further Text Messages from us at any time by replying “STOP” to a Text sent from us.
- Additional terms and conditions may be provided to you in the future (e.g., as part of an opt-in confirmation text message), and such terms and conditions will supplement and not replace these terms.
- Neither we, nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of or undelivered Texts Messages, as delivery is subject to effective transmission from your network operator.
- Text Message services are provided on an “AS IS” basis.
- Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.
- If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
Products and Orders
Products and Orders
All orders placed by you are an offer of purchase and are subject to acceptance by us. If an order is not accepted a full refund will occur at the earliest possible convenience. We reserve the right to refuse an offer for any reason. The products we make available for purchase, including any samples we may provide to you, are for personal use only. You may not sell or resell any products you purchase or otherwise receive from us.
Without limiting the above, we reserve the right to refuse or reduce the quantity of any orders that we reasonably believe are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by us in our sole discretion. Except where prohibited by law, we may limit the number of products available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy our products.
In the event of the requested products being unavailable, we may cancel the transaction and effect a full refund.
Refund Policy
Refund Policy
Generally, refunds will not be provided for products purchased from us. We will provide refunds of products sold to you where we are required to do so by Australian Consumer Law or otherwise provided in these terms, including:
- for any products purchased which we are unable to provide to you; and
- if the products are materially faulty.
Free Domestic Shipping*
Free Domestic Shipping*
*Free ground shipping for orders over £40 within UK only available through welleco.co.uk. Not valid with any other offer, gift card code or refer a friend. Cannot be applied to previous purchases and cannot be redeemed for cash. Only available through welleco.co.uk. Terms of offer are subject to change. Not applicable with recurring, wholesale or bulk purchases.
Taxes & Duties
Taxes & Duties
Taxes and duties are calculated according to your shipping destination. Please ensure you select your location using the drop-down menu on the site and again at the checkout to view the correct local market pricing, delivery times and shipping costs.
We ship to your destination on a DDU (Delivery Duty Unpaid) basis. This means that the prices displayed on the WelleCo site/s are exclusive of all taxes and duties. When your order arrives at Customs, you will be responsible for paying all import duties, customs and local sales taxes.
Gift Cards
Gift Cards
The funds on the WelleCo E-Gift Card expire three (3) years from the issue date. No fees apply. Lost, stolen or damaged E-Gift Cards will only be replaced if the E-Gift Card has never been used, and only with satisfactory proof of purchase and E-Gift Card number, where required by law. We reserve the right to correct the E-Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any E-Gift Card if we suspect fraud, unlawful activity or improper E-Gift Card use. You agree that you will not use a revoked E-Gift Card.
Sales and Discounted Items
Sales and Discounted Items
Please note any items sold during a sale period or at a permanent discount price are final sale.
All sale items purchased online are final sale. No returns or refunds will be accepted unless required by law.