Terms & Conditions - Essence Health Store NI

Website Terms and Conditions

1. Essence Health Store

a) “Essence Health Store” is the trading name of ACG Retail Limited, a company incorporated in Northern Ireland with company number NI050636.

b) Our contact address is: Essence Health Store 3 Main Street, Newcastle, BT33 0AD. You may also contact us by telephone on 028 4372 3924 or alternatively, you can email us at essencehealthstore@gmail.com.

2. Web Site Information

a) We have tried to ensure that information provided in our Web Site is accurate. However, we make no representation and give no warranty of any kind in respect of the information.

b) We do not accept liability for any direct, indirect or consequential loss which arises or may arise from reliance on information contained in the Web Site or in respect of any error or omission, save in respect of death or personal injury caused by our negligence.

3. Description of Products

a) The description and specification of products in the Web Site is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those products.

b) We may correct any error appearing in the Web Site or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.

4. Ordering Products

a) You may order products from the Web Site by completing and submitting an order form through the check-out procedure.

b) We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.

5. The Price and Payment

a) The price of the products will be the price quoted in the Web Site at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery.

b) In addition to the price, you will have to pay our delivery charges as quoted in the Web Site at the time we accept your order – unless you qualify for free delivery. The amount of these charges varies according to the method of delivery and the delivery address you specify in your order.

c) Payment is made by credit card, debit card, PayPal or ApplePay at the time we accept your order. (the payment methods we accept are listed in the Web Site at the time you place your order). We do not accept American Express. Refunds will generally be made by means of a credit to your original payment method.

d) Although every care is taken in the quality of content on this site, there may occasionally be an error and items may be mispriced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price.

6. Delivery of Products

a) We will arrange for delivery of the products you order by the method and to the address which you specify in the check-out procedure. Delivery charges will vary depending on whether the product is being delivered in Northern Ireland, Republic of Ireland or mainland UK. However, the time for delivery will not be essential to the contract between us. We use third party service providers for deliveries.

b) If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.

c) If there is a delivery problem or an error in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.

7. General

a) The products advertised in the Web Site are intended for sale to persons dealing as consumers and are not for re-sale.

b) The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between us, so that no contractual rights are conferred on third parties.

c) Any contract between us shall incorporate these terms and conditions and be under Northern Irish law. If there is any dispute, the Northern Irish Courts will have exclusive jurisdiction.

e) The material in the Web Site is copyright to ACG Retail Limited or our content and technology providers. You are welcome to view, print and download the contents of the Web Site for personal use, but not for any commercial purposes or re-publication.

Online Consumer Goods Terms & Coniditions

TC “1. These terms” \l 1These terms

What these terms cover. These are the terms and conditions on which we supply products to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

TC “2. Information about us and how to contact us” \l 1Information about us and how to contact us

Who we are. We are ACG Retail Limited a company registered in Northern Ireland. Our company registration number is NI050636 and our registered office is at 4 Ardaluin Court, Newcastle, Co Down, BT33 0AD. We trade as Essence Health Store.
How to contact us. You can contact us by telephoning our customer service team at 028 4372 3924 or by writing to us at 3 Main St, Newcastle BT33 0AD or essencehealthstore@gmail.com.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

TC “3. Our contract with you” \l 1Our contract with you

How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

TC “4. Our products” \l 1Our products

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 display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

TC “5. Your rights to make changes” \l 1Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see PAGEREF a693311\# “‘clause ‘” \hclause REF a693311 \h \w \* MERGEFORMAT 7- Your rights to end the contract).

TC “7. Providing the products” \l 1Providing the products

Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9:30 a.m. – 5:30 p.m. on weekdays (excluding public holidays) and Saturdays.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and PAGEREF a412358\# “‘clause ‘” \hclause REF a412358 \h \w \* MERGEFORMAT 9.2 will apply.
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
When you own goods. You own a product which is goods once we have received payment in full. Payment in full must be made at the time of purchase.

TC “8. Your rights to end the contract” \l 1Your rights to end the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see PAGEREF a729608\# “‘clause ‘” \hclause REF a729608 \h \w \* MERGEFORMAT 10; and
If you have just changed your mind about the product, see PAGEREF a345024\# “‘clause ‘” \hclause REF a345024 \h \w \* MERGEFORMAT 7.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of products ordered.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
You have 14 days after the day you (or someone you nominate) receives the goods, unless:
Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

TC “9. How to end the contract with us (including if you have changed your mind)” \l 1How to end the contract with us

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 02843723924 or email us at essencehealthstore@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
By post. Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at 3 Main Street Newcastle BT33 0AD. If you are exercising your right to change
your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract 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;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

TC “10. Our rights to end the contract” \l 1Our rights to end the contract

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due; or
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out in PAGEREF a334998\# “‘clause ‘” \hclause REF a334998 \h \w \* MERGEFORMAT 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

TC “11. If there is a problem with the product” \l 1If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02843723924 or write to us at essencehealthstore@gmail.com or 3 Main Street Newcastle BT330AD. Alternatively, please speak to one of our staff in-store.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or, post them back to us at your own expense. Please call customer services on 02843723924 or email us at essencehealthstore@gmail.com for a return label.

TC “12. Price and payment” \l 1Price and payment

Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see PAGEREF a206015\# “‘clause ‘” \hclause REF a206015 \h \w \* MERGEFORMAT 11.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment with most major credit and debit cards including Visa and Mastercard. We do not accept American Express. We also accept payment via PayPal and ApplePay. You must pay for the products before we dispa

tch them. We will not charge your credit or debit card until we dispa

tch the products to you.

We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of Ireland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

TC “13. Our responsibility for loss or damage suffered by you” \l 1Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the
Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

TC “14. How we may use your personal information” \l 1How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

TC “15. Other important terms” \l 1Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts.