Terms and Conditions
YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE WEBSITE AND/OR PURCHASING PRODUCTS FROM THE WEBSITE.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
This Website agapewellbeing.com is expressly owned and operated by:
22 Cornwall Way
Agape Wellbeing is a Scottish Charitable Incorporated Organisation SCIO No: SC044968
This Website is made available to you subject to the following terms and conditions. If you visit the Website, you shall be deemed to have accepted these terms and conditions and you will be asked to agree to these terms and conditions before placing an order. Please read them carefully.
These terms and conditions form part of a legally binding agreement between you, the customer, and us, and sets out the conditions under which you may access any information, products, services and available through this Website. If you do not accept these terms and conditions you do not have permission to access this Website and therefore your access to the Website should cease immediately. Use of the Website constitutes your acceptance of these terms and conditions, and they apply from the time of your first use of the Website.
These terms and conditions are effective from 1st June 2016
- Access to and use of the Website
We reserve the right at any time to:
Modify or withdraw this Website (or any part thereof) without notice to you and we shall not be liable to you for any such modification or withdrawal;
and/or change these terms and conditions from time to time and your continued use of this Website (or any part thereof) following such change will be deemed to be your acceptance of such change, provided that we will use reasonable endeavours to post notice of material changes on this Website.
In order to use and/or place orders through this Website:
You must be aged 18 years or over and have completed our registration process before you can make purchases from the Website:
You must ensure that the personal details which you are required to provide when you register on this Website or at any other time are accurate, current and complete in all respects; and
You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use.
- Personal Use
You may only purchase products from this Website (“Products”) if they are for personal, non-commercial use. Products are not and will not be supplied for resale
- Description of Products and availability
We have taken every care in the preparation of the content of this Website, in particular to ensure that as far as reasonably possible, prices quoted are correct at the time of publishing and that all Products have been fairly described.
All prices and charges on the Website are in UK pounds sterling.
This Website contains a large number of Products and it is always possible, despite our best efforts, that some of the Products listed may be incorrectly priced. If we discover an error in the price of the Product you have ordered we will inform you of the correct price and will give you the option to continue with the purchase. We will not process your order until we have your instruction. If we are unable to contact you using the contact details provided during the order process, we will treat the order as cancelled and notify you in writing. We will not be obliged to supply the Product at the incorrect price.
We reserve the right to adjust prices, offers, Products and specifications of Products at our discretion at any time before (but not after) we accept your order. Where an end date is specified on any offer on the Website, it is intended as a guide only.
We have made every effort to display as accurately as possible the colours, sizes and measurements of our Products that appear on this Website. However, as the actual colours you see will depend on many factors, including your computer display settings, the colour of the Products you ultimately receive may differ slightly from the colours of the Products that appear on this website. The sizes and measurements may also differ slightly.
All Products are subject to availability and we will inform you as soon as reasonably possible if any Products that you have ordered are not available.
Delivery will be completed when you collect the Products from us at the Agape Wellbeing. We will hold onto any product ordered for 1 week, then if it has not been collected, we will put the product back on to our website for sale and all money will be refunded to you through PayPal. An email detailing you of this will be sent to you.
- Placing an Order
Orders can only be placed (and then cancelled) by you if you have registered your details with us. You will be requested to provide accurate and current information about yourself in order for us to process your order. No other person may place or cancel orders with us on your behalf. Your order is an offer to buy any Product or Products from us and is subject to acceptance by us. There will be no contract between you and Agape Wellbeing for the supply of any Products unless and until we accept your order.
At any time during the process of selecting your purchases you can monitor the Product(s) chosen by clicking on the “Shopping Cart” button. To remove any selected Product click on the “Remove item” button. You place the order for your Products on this Website by pressing the “Proceed to Checkout” button at the end of the checkout process and then “Proceed to PayPal” on the payment page operated by PayPal.
When placing an order you are requested to read and agree to these terms and conditions. Any orders placed by you must be placed in accordance with these terms and conditions. If you are unsure about any of the content of our terms and conditions please contact us through the contact us button on the website before you place an order.
If we have to revise these terms and conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any affected Products you have already received. We will arrange a full refund of the price you have paid.
- Acceptance of your Order
After receipt of your order we will send you an order acknowledgement email detailing the Product(s) you have ordered and confirming prices.
If you do not receive this order acknowledgement email within 2 days of placing your order please contact us.
The order acknowledgement email is not an acceptance of your order. Acceptance of your order and formation of the contract will only take place once we have debited your credit or debit card and we have sent you a confirmation email that your Products are ready for collection (unless we have notified you that we do not accept your order). We are not liable should you not receive your confirmation email as a result of a mis-spelt email address.
We reserve the right to decline any order you place and/or to supply any Product ordered as a result of the Product you ordered being unavailable from stock, our inability to obtain authorisation for your payment, or if you do not meet the eligibility criteria set out in our conditions regarding access to and use of the Website.
The contract between you and us will be concluded in the English language.
All our orders can be collected free from Agape Kidz. We endeavour to have your order ready for collection from Agape Kidz in East Kilbride within 48 hours of your order being placed unless your order is placed Saturday – Monday when it will be ready from the next available opening day (Tuesday).
We can arrange delivery. Delivery charges apply. Please contact Agape Kidz on 01355 242316 or firstname.lastname@example.org for details
- Payment for your Products
You can pay for Products purchased from our website by via PayPal.
You are giving us authority for payment at the time of order, your card will be debited at this time. Ownership of the Products will not pass to you until your card has been debited and we send you the confirmation email. You confirm that the credit or debit card that is being used for payment is yours. All cardholders are subject to validation checks and authorisation by the card issuer. We will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and we will not be liable for any consequent delay or non-delivery.
Under the Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013, you have the right to cancel your order with us starting from the date that we send you the confirmation email (which is when the contract is formed), until either:
14 days from the day after the day of receipt of your Product (the “Cancellation Period”)
Subject to the below paragraph, should you cancel the contract within the Cancellation Period, we will then refund you:
The price you have paid for the Products within 14 days after the day on which we receive the Product back from you or, if you have not collected the Product(s), the price you have paid for the Products 14 days after the day you notified us of the cancellation.
If you have opted to return the Products by post to the Agape Wellbeing, this refund will not include any postage charge paid by you unless the Product being returned is faulty. In this case, we ask that you please contact us before returning your item(s), letting us know the fault and we will advise you how to return it accordingly. If you choose to return any items to us, we will not be responsible for any loss or damage to them in transit. For your own protection, we suggest you use a secure delivery method, which requires a signature upon delivery. We reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
We aim to process all refunds within 14 days of receiving the returned item however if we find that Products(s) has/have been used beyond what is necessary to establish its/their nature, characteristics and function, we will deduct from the refund the amount of any reduction in value (i.e. if you have worn the Product(s) rather than merely ‘tried them on’).
If you wish to cancel your order, you must notify us within the Cancellation Period that you have decided to cancel the contract. The easiest way to do this is to contact us through our website ‘Cancel order’ button. Your cancellation will be effective from the date you cancel your order.
You can expect a refund in the same form of payment originally used for the purchase and you will receive an email confirming the refunded amount.
If you have received a Product and you wish to return it, you must return the Product to us without undue delay and in any event no later than 21 days after the day on which you let us know that you wish to cancel the contract. The Products can be returned in person to Agape Kidz, 22 Cornwall Way, Town Centre, East Kilbride G74 1JR. Please note that any postage incurred will only be returned if product is faulty.
- Returns Policy
Unless you cancel the contract under condition 8, this Returns Policy will apply to any return or refund of Products purchased online. If you are unhappy with your purchase we will offer a refund on all our products provided the item is returned within 21 days of collection from Agape Wellbeing, is in the same condition as when you bought it and you have proof of purchase. This does not affect your statutory rights.
You will be responsible for any incurred costs of returning the Products to us (unless the Products are faulty in which case we shall refund the costs of you returning the Products to us – we ask that you contact us first to discuss fault and organise transit). If you choose to return any items to us, we will not be responsible for any loss or damage to them in transit. For your own protection, we suggest you use a secure delivery method, which requires a signature upon delivery. We reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
All refunds will be processed by the original method used of payment.
Our returns address is:
Agape Kidz – RETURNS
22 Cornwall Way
- Password / Account Security
If you choose a password and/or account details, you must treat such information as confidential and must not disclose it to a third party. You are responsible for any activities that occur under your account. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
Privacy & Security
We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been fulfilled or, if you no longer wish to continue being registered for our services. We do not provide your data to any third party unless (i) it is being provided for the purpose of fulfilling your order or to carry out any other obligations arising out of any contracts(s) we have with you; (ii) we are under a duty to disclose or share your data to comply with any other legal obligation (including in order to enforce or apply these terms and conditions and/or any agreements, or to protect the rights, property, or safety of us, our customers and others. This includes exchanging information with other companies and organisations for the purpose of fraud protection and credit risk reduction); (iii) in the event that we sell or buy any relevant business or assets; or (iv) all, or substantially all of our assets are acquired by a third party. You have the option to opt out of receiving marketing information from us when placing your order.
We will ensure that all personal information supplied is held securely, and otherwise in accordance with GDPR legislation.
You have a right to ask what information Agape Wellbeing holds about you and for a copy of that information to be made available to you. This can be done by contacting our Data Protection Officer using the details below.
The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. We are located in Scotland in the UK, as are the servers that make this Website available worldwide. Scots law governs all matters relating to this Website. If you are located outside the UK and you contact us please note that any information you provide will be transferred to and/or from the UK (including to or from territories outside the European Economic Area (EEA)) and by submitting the information you authorise this transfer.
Although we take strict measures to protect your security as described under our Security, Privacy and Cookies Policy, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. We do not accept any responsibility or liability for any privacy policies of third party websites which you can access through our website.
No waiver by us of any breach by you of any of these terms and conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it will not cause damage to your computer and no warranty is given in that respect. It is your responsibility to ensure that you have the right equipment required to use this Website and that you screen out anything that may damage it. We will not be liable to you or any third party for any loss or damage which may arise to computer equipment as a result of using this Website. We will not be liable if for any reason our Website is unavailable at any time or for any period.
The limitations and exclusions in conditions 18 & 19 (No Warranty; Liability) shall not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term or condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the terms and conditions shall survive, remain in full force and effect, and shall continue to be binding and enforceable.
- Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with Scots law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the Scottish courts (subject always to any rights you have as a consumer to bring actions in the courts of your own jurisdiction).
- Legal Information
Because you are a consumer, we are under a legal duty to supply products that are in the conformity with a contract. As a consumer, you have legal rights in relation to products that are faulty or mis-described. These legal rights are not affected by a return or refund or anything else in these terms and conditions. Advice about your legal rights, including your right to cancel the contract, is available from your local Citizens’ Advice Bureau or Trading Standards Office.