PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SITE AND/OR CREATING AN ACCOUNT.
All users of this site agree that access to and use of this site are subject to the following Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not register with us or use this site. This page (together with the documents referred to on it) sets out the Terms and Conditions on which we supply the products and services listed on this website to you.
1. Information about us
1.1 We operate the website “www.merlinalchemy.com” which shall be referred to as the “site” for the purposes of these Terms and Conditions.
1.2 Copyright in this site belongs to Omar Schettini.
2. Your status
2.1 By applying for a trade account and/or placing an order through our site, you warrant that you are legally capable of entering into binding contracts.
2.2 We reserve the right, at our sole discretion and for whatever reason, to withdraw our Products and/or Services from any trade customer at any time and without notice. Omar Schettini shall not be liable for any losses (financial or otherwise) associated with such withdrawal.
3. How the contract is formed between you and us
3.1 After registering on our site and placing an order online, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product (Product) and/or services (Services) from our site. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation) or that the Services will be performed, as the case may be. The contract between us (Contract) will only be formed when we send you a Dispatch Confirmation (in the case of Products) or a confirmation email (in the case of Services).
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation and/or those Services we have confirmed we will provide (as appropriate). We will not be obliged to supply any other Products or Services which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation and/or we have confirmed provision of the Services.
3.3 It is important that you provide us with an accurate and valid email address in order that we are able to contact you and so that we are able to accept your order(s). You must also ensure that if this address and/or the delivery address changes between submitting your order and delivery of the Product(s) by us to you , you advise us of the new address(es). We will not be responsible for failure to perform under these Terms and Conditions where such failure is attributable to a change of address or any other relevant information.
4. Cancellations policy
4.1 If you wish to cancel your order:
(a) you can notify us by sending us an email before we have dispatched the Products or started to perform the Services (as the case may be); or
(b) where goods have already been dispatched, by returning the un-opened goods to us in accordance with clause 8 below.
5. Availability and delivery
Orders and shipping
5.1 We ship orders every business day from Monday to Friday (except for bank holidays). Orders are downloaded from 6.30pm every business day and most orders will be shipped within 48 hours of the order being placed, unless there are exceptional circumstances.
5.2 We will arrange for delivery of the Products ordered by you by the method (if applicable) and to the address which you specify in the checkout procedure. This is normally via courier (Royal Mail for UK deliveries and/or DHL Express internationally).
5.3 If you do not take delivery of the Products, or if you do not supply accurate and complete delivery instructions, we may cancel the 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 or associated charges. If you require the item(s) to be re-shipped, the full shipping charges will be applied again. In the event of lost mail due to incorrect address details being provided, we will not be able to refund your shipping costs (if applicable). In addition, you will be liable for any return fees charged to us by the courier (if applicable).
6. Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1 The price of the Services, the Products and any applicable delivery charges will be as quoted on our site from time to time, except in cases of obvious error. All prices quoted are in UK pounds sterling (£). Other currencies are available for payment on Checkout.
7.2 Unless specified otherwise on the site, Services prices and Product prices exclude VAT and the cost of delivery. The total order cost is shown at the point of checkout.
7.3 In cases where free delivery does not apply, delivery charges vary according to the method of delivery and the delivery address specified in your order.
7.4 In most cases, you will make an online payment at the time of placing your order. Products are subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. Either a full refund will be given where you have already paid for the Products, or (at your request) we can fulfill the order once the item(s) become available.
7.5 Services prices, product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation (in the case of Products) or confirmation email (in the case of Services).
8. Our returns and refunds policy
If you return a Product to us un-opened and in the same condition as when it was sent out to you, a full refund will be given when the goods have been received, less the shipping costs and any other costs incurred due to the return – refer to clause 5.3 above. Nothing within these provisions shall affect your statutory rights.
We warrant to you that any Product or Service purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products or services of that kind are commonly supplied.
10. Our liability
10.1 Subject to clause 10.3, if we fail to comply with these Terms and Conditions in a material way, we shall only be liable to you for the purchase price of the Products or Services affected by such failure.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
10.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. Import duty
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications
12.1 It may be that certain applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic and you agree that we may contact you by email, text message or provide you with information by posting notices on our site.
12.2 You also agree to the electronic means of communication referred to in clause 12.1 for contractual purposes and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to [email protected] by email or in any of the ways specified in clause 12 above.
14. Transfer of rights and obligations
14.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract 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 find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Website Information
16.1 Information and the Products and Services obtained from or through our site should not be taken as medical advice for any reason. The information is not intended to replace advice given by a doctor. No claim or opinion is intended to be, nor should it be construed to be medical advice.
16.2 The information, Products and Services on our site are not intended to diagnose, treat or cure any disease and are not a guide for self-diagnosis and/or treatment.
16.3 We do not accept responsibility for the use or misuse of the information on our site and/or Products and/or Services purchased from or through our site.
16.4 We have tried to ensure that information provided on our site is accurate. However, neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our site for any particular purpose. The content of our site is for your general information and use only.
16.5 You acknowledge that information and materials found on our site may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not accept liability for any loss (direct, indirect or consequential) which may arise from reliance on information contained on our site or in respect of any error or omission. Your use of any information or materials on our site is entirely at your own risk, for which we shall not be liable. Except as expressly provided for elsewhere in these Terms and Conditions, it shall be your own responsibility to ensure that any Products, Services or information available through our site meet your specific requirements.
16.6 From time to time our site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those websites. We have no responsibility for the content of any linked websites.
16.7 You may not create a link to our site from another website or document, or copy images or text from our site, without our prior written consent.
16.8 Unless expressly stated otherwise, any and all information provided by Wholistic Wellness Ltd through this site is for consumer use. Any information set out on this site pertaining to health claims as defined in regulation EC 1924/2006 is for consumer use unless specifically mentioned.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these Terms and Conditions or any provisions of a Contract 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.
19. Entire agreement
19.1 These Terms and Conditions (and any document expressly referred to in them) constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause 19 limits or excludes any liability for fraud.
20. Our right to vary these Terms and Conditions
20.1 We have the right to revise and amend these Terms and Conditions without notice and from time to time to, without limitation, reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems’ capabilities.
20.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products and/or Services from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you a Dispatch Confirmation or confirmation email as the case may be (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven (7) business days of receipt by you of the Products).
21. Law and jurisdiction
Contracts for the purchase of Products and/or Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.