Healthy Peach Terms and Conditions for Use and Sales
Last updated 05th April 2008.
1. Healthy Peach website
Your use of the Healthy Peach website and any service contained within constitutes acceptance of these Terms & Conditions.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform Healthy Peach immediately.
2.4 The Healthy Peach website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
4. Product Pricing and Title
4.1 Healthy Peach makes every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by Healthy Peach at anytime up to the shipment of that order and any related items.
4.2 Healthy Peach reserves the right to alter all product pricing without notice.
4.3 Title in any products ordered from Healthy Peach does not pass to the purchaser until Healthy Peach has received and processed a valid payment.
5. Your Order
5.1 When you place an order with Healthy Peach you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to Healthy Peach to purchase the goods specified in the order.
5.2 Your offer is only accepted by Healthy Peach once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and Healthy Peach.
5.4 Healthy Peach reserves the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If Healthy Peach is unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time or purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by Healthy Peach are shipped subject to availability.
6.2 Healthy Peach reserves the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.3 Healthy Peach cannot be held responsible for disruption to shipping caused by industrial disputes or action outside the direct control of Healthy Peach. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify Healthy Peach in writing, (email or letter) within seven working days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Please observe the following procedure for all returns to us:
7.4.1. On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
7.4.2 If you are returning your product because it is defective, please state the defect or defects.
7.4.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Healthy Peach will not issue a refund where the product is in an incomplete state.
7.5 If the original packaging surrounding the product has been damaged or destroyed Healthy Peach will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.6 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.7 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
7.8 Healthy Peach will not issue refunds for any items lost or stolen in transit to Healthy Peach.
7.9 Where a return is lost or stolen in transit to Healthy Peach the Customer should claim compensation from the company that shipped the return.
7.10 If you fail to return a product to Healthy Peach, we may make arrangements to have the product collected from you. The cost of this will be passed on to you.
7.11 Unused products may be returned promptly by customers to the address listed below:
7.12 Subject to the above, Healthy Peach will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
7.13 Healthy Peach will also refund the cost of standard or recorded postage incurred returning a product incorrectly sent by Healthy Peach or a defective product. Please note that Healthy Peach will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
8. Customer Complaints
Healthy Peach endeavours to respond to complaints within five working days.
9. Faulty Products
Where a Customer experiences a fault with a product it can be returned to Healthy Peach, subject to our returns policy above.
10. Events outside our control
Healthy Peach shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil disorder or industrial dispute.
11.1 Healthy Peach grants you a license to access the content, information and services contained within the Healthy Peach website for personal use only.
11.2 This license allows you to download and cache (using your browser) individual pages from the Healthy Peach website.
11.3 This license does not allow you to download and modify individual pages or substantial parts of the Healthy Peach website nor to make the Healthy Peach website available via an intranet, where the Healthy Peach website or a substantial part of it is hosted locally on the intranet in question.
11.4 The Healthy Peach website design, layout, content or text cannot be copied, edited or otherwise manipulated without the express written permission of Healthy Peach.
11.5 The Healthy Peach website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to “deep link” to pages within the Healthy Peach website, without the express written permission of Healthy Peach. All links (unless expressly permitted by Healthy Peach) should be to the main index page of the Healthy Peach website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Healthy Peach, unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or utilisation of product information from the Healthy Peach website is not permitted without the express written permission of Healthy Peach.
13. Reasonably Foreseeable Losses
13.1 Healthy Peach will be liable for any losses incurred by you due to breaches of these terms and conditions by Healthy Peach, where losses were reasonably foreseeable at the time the contract between Healthy Peach and you was made.
13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between Healthy Peach and you are excluded.
13.3 Healthy Peach does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty of Healthy Peach, its employees or officers.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
15. Waiver by Healthy Peach
Failure by either Healthy Peach to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless Healthy Peach acknowledges the waiver in writing.
16. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and Healthy Peach. Healthy Peach reserves the right to change these terms and conditions at any time, without giving notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected. Our contact details are as follows:
Tel: 0207 781 0530 (from within the UK) 00 44 871 200 2019 (international)