Terms & conditions
By Using Our Site You Accept These Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.wholesomefeels.com (“Our Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.
The following document[s] also apply to your use of Our Site:
1. Definitions and Interpretation
-
1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
-
“Content”
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
-
“We/Us/Our”
means Wholesome Feels Limited.
-
“Our Site”
Means www.wholesomefeels.com
2. Information About Us
2.1 Our Site is operated by Wholesome Feels Limited. We are a limited company registered in England and Wales under company number 13105958. Our registered address and main trading address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
3. How to Contact Us
3.1 To contact Us, please email Us at hello@wholesomefeels or use our contact form here.
products
4. Acceptance of Terms & Conditions
1. By placing an order, you acknowledge that you have read and accepted these terms of trade. These terms of trade apply to your purchases of our products on Our site or through other verified purchasing channels made available from time to time direct from Wholesome Feels, excluding third party stockists, such as through our social media platforms or for our custom packages that have a scope for customisation. Verified purchasing channels will be identified as verified through a contract or receipt personally signed by the director of Wholesome Feels Ltd.
2. For any purchases made through Our site, these Terms and Conditions, Store, Shipping & Returns Policy, and the Privacy Policy constitute the whole of the trade agreement between you and Wholesome Feels.
3. For any purchases made through verified purchasing channels where the nature of the trade involves custom orders, then these Terms and Conditions, Shipping & Returns Policy, Privacy Policy, and the contract agreed and signed between yourself and our Wholesome Feels director constitute the whole of the trade agreement between you and Wholesome Feels.
4. These Terms of Trade are between you and Wholesome Feels only. No other party shall have any rights to enforce any of the terms of these Terms of Trade.
5. Products
1. The products covered by these Terms of Trade are those presented for purchase on Our site, including but not limited to candles, wax melts, diffusers, and greeting cards, subject to availability, and to products requested through verified purchasing channels as detailed in part 4.1 & part 6 of these Terms of Trade.
2. Wholesome Feels will make every effort to ensure that the photographs of our products presented on Our site is as accurate and representative of the true product. This, however, does not apply to different representations of our products due to your device screen or settings.
6. Prices & Payment
1. All prices on our site is in pounds sterling. Prices are subject to change without notice. The price applicable to any order is the price indicated on Our site at the time of submitting the order.
2. All prices quoted for verified custom orders, such as our custom packages, are in pounds sterling. Prices will be set out within a contract to be agreed and signed between yourself and our Wholesome Feels director. Please note, additional or specific terms may be included within verified custom contracts to reflect the nature of the business.
3. The amount payable to Wholesome Feels will be the final total of the following amounts:
a. The product subtotal
b. The cost of delivery applicable on the decision of the purchaser
c. Minus any valid and applicable discounts and offers made available from time to time
4. The final total must be paid before your order can be dispatched. Wholesome Feels also reserves the right, in its absolute discretion, to take any of the following measures if you fail to make a payment in accordance with these Terms of Trade:
a. Non-payment or delayed payment may result in the withholding, delay, or cancellation of your order being shipped.
b. Refuse any future business with you. Wholesome Feels will not be liable for any loss or damage directly or indirectly resulting from any such action.
7. Shipping
1. Wholesome Feels will make every effort to ensure that you receive your order as soon as possible. Orders will be dispatched within 48 hours of receipt.
2. Wholesome Feels cannot accept liability for any delay to your order that is beyond our control. This applies to any delays caused by Covid-19.
8. Liability
1. It is ultimately your responsibility to determine the suitability of the products for the purposes for which you intend to use them.
2. Wholesome Feels will not be responsible for any damage caused by your deviation from the safety instructions provided by Wholesome Feels with regards to safe usage and storage of the products.
3. Products provided by Wholesome Feels are supplied for private, domestic use only. Wholesome Feels will not be liable to you for any loss or damage directly or indirectly for any losses relating to any business dealings of yours, such as loss of revenue, income or profits, lost data, or interruption to your business.
4. Wholesome Feels will not be liable to you for any loss or damage directly or indirectly resulting from any actions taken for non-payment on your part for an order placed through Our site or other verified purchasing channels, as specified in part 4.1 & part 6.
5. Nothing in these terms of trade limits any liability of Wholesome Feels for death or injury resulting from negligence. Subject to the warranty clause within these terms of trade and the fullest extent permitted by law, the liability of Wholesome Feels for any loss or damage suffered by you as a result of Wholesome Feels breaching its obligations under these terms of trade or any other duty is limited to a refund or replacement of the relevant products.
6. Wholesome Feels is not responsible for any loss or damage that is not a foreseeable consequence of Wholesome Feels breaching these Terms of Trade.
7. Wholesome Feels will only be responsible for loss or damage you suffer that is a natural and foreseeable consequence of Wholesome Feels breaching its obligations under these Terms of Trade.
9. Refunds & Returns
1. As a consumer, you have legal rights relating to any products that are faulty or not as described. If you receive a product that is not of satisfactory quality, you can contact Wholesome Feels for a replacement or refund. See our Store, Shipping & Returns policy for further information.
10. Force Majeure
1. If any operation conducted by Wholesome Feels is delayed or hindered in or prevented from performing any of its obligations under any order due to any event or circumstance beyond its reasonable control, Wholesome Feels will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the relevant hindering circumstances have ceased.
11. Personal Data
1. Any information provided by you for the order of products will be automatically processed by Wholesome Feels.
12. Other Important Terms
1. If any term in these Terms of Trade is found to be illegal, invalid, or unenforceable by any court or competent authority, the remaining terms will remain in full force and effect.
2. If you break these Terms of Trade and Wholesome Feels takes no action, this does not mean that Wholesome Feels has waived its rights against you. Any waiver must be agreed by Wholesome Feels in writing. You will still have to comply with these Terms of Trade.
website
13. Access to Our Site
1. Access to Our Site is free of charge.
2. It is your responsibility to make the arrangements necessary in order to access Our Site.
Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
3. We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.
14. Changes to Our Site
1. We may alter and update Our Site (or any part of it) at any time. If We make any significant alterations to Our Site (or any part of it), We will try to give you reasonable notice of the alterations.
15. Changes to these Terms and Conditions
1. We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
2. If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
16. International Users
1. Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Contents are available in other locations or are suitable for use in other locations.
17. How You May Use Our Site and Content (Intellectual Property Rights)
1. All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us unless specifically labeled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
3. You may print copies and download extracts of any page(s) from Our Site for personal use.
4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining express written permission or a licence from Us (or Our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
18. Links to Our Site
1. You may link to any page on Our Site
2. Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
3. You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
4. Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
5. You must not frame or embed Our Site on another website without Our express written permission.
6. You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
19. Links to Other Sites
1. Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
2. The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
20. Disclaimers
1. Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
2. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
3. If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
21. Our Liability
1. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
2. If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
3. If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
4. Our Site is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
22. Viruses, Malware, and Security
1. We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
2. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. By breaching the provisions of Parts 22.3 to 22.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
23. Acceptable Usage of Our Site
1. You may only use Our Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
2. If you fail to comply with the provisions of this Part 23, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f) Any other actions which We deem reasonably appropriate (and lawful).
3. We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.
24. How We Use Your Personal Information
25. Communications from Us
1. If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
2. We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to seven days for your request to take effect and you may continue to receive emails during that time.
3. For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
26. Law and Jurisdiction
1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 26.1 takes away from or reduces your legal rights as a consumer.
3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
4. If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.