TERMS & CONDITIONS

These terms and conditions (‘the Terms”) govern the users (‘you’ or ‘your’) use of the website www.simonethomaswellness.com (‘the Website’) and your relationship with Simone Thomas Wellness Ltd (“Simone Thomas Wellness”), a company registered in England and Wales under company number 08920247, VAT number 313001577  whose registered office is at 37 Commercial Road, Poole, Dorset, BH14 0HU (‘we’, ‘our’ or ‘us’).

Please read the Terms carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. You should understand that by ordering any of our goods or services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.

If you have any queries regarding these Terms then please contact us.

  1. Agreements

By using the Website you agree to be bound by these Terms and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

  1. Amendments

We reserve the right to:

  • update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms;
  • modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and
  • disable any user identification code or password we have provided to you, 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.
  1. Registration

By using this Website, you warrant that:

  • you are legally capable of entering into binding contracts;
  • you are at least 18 years of age;
  • the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.

You will notify us immediately of any changes to the personal information by e-mailing us on info@simonethomaswellness.com.

  1. Privacy Policy

We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner’s office.

  1. Protecting your Security

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.

We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.

By accepting these Terms, you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

  1. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to:

  • upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
  • upload or transmit through the Website any material which is defamatory, offensive or of an obscene character; and
  • attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

  1. Third Party Links

As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

  1. Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided.

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (‘Dispatch Confirmation’). The contract will relate only to those goods or services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other goods or services which may have been part of your order until the dispatch of such goods or services has been confirmed in a separate Dispatch Confirmation.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

We are unable to cancel orders after 9am on the day scheduled for dispatch. This is because once our warehouse team has processed your order we are unable to retrieve it. As a reminder, we send out an email 3 days before each subscription renewal is due.

As Simone Thomas Wellness is an ingestible supplement, we cannot accept returns on our food supplements due to quality control, and health & safety. We take great care in producing our supplements and cannot re-stock food products once they have left our control.

Please refer to our Returns Policy for full details.

Cancellations on orders or subscriptions must be cancelled by 9am the day order is due to be raised in order to be removed from the shipment area.

  1. Subscription information including cancellation

All orders are subject to acceptance by Simone Thomas Wellness. Simone Thomas Wellness is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Simone Thomas Wellness accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.

By purchasing a 3 month or 6-month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

You can cancel your subscription at any time from within your account on our website. Alternatively, you can cancel by emailing us at info@simonethomaswellness.com. Your subscription will terminate on the day that you cancel providing you cancel by 9am GMT (Greenwich Mean Time). Please note that cancellation requests submitted after 9am GMT will not be effective until the following day.

Example: If you have a subscription order scheduled for Monday and you cancel after 9am on Monday, this order will still be charged and dispatched as our warehouse team will have already processed the order. All future orders after this order will be cancelled and you will not be charged again.

Every effort will be made to cancel your subscription on the day you cancel your subscription but if it is after 9am your order may have already been processed and left our warehouse.

We automatically send out email reminders 3 days before each upcoming order is processed and payment is taken.

The above cancellation rights do not affect your right to cancel under the statutory cooling-off period.

Prices include VAT and delivery costs (where applicable) will be added when you view the items in your shopping basket.

Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognise, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

All subscriptions are non-binding and can be cancelled anytime.

If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.

  1. Price and Payment

All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Dispatch Confirmation).

If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your goods or provision of the service to you.

In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

  1. Intellectual Property

The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

  1. Limitations of liability Supply of Goods
  • (a) Subject to clause 14(b), if we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
  • (b) Nothing in these Terms excludes or limits our liability for:
  • (i) death or personal injury caused by our negligence;
  • (ii) fraud or fraudulent misrepresentation;
  • (iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • (iv) defective products under the Consumer Protection Act 1987; or
  • (v) any deliberate breaches of these Terms that would entitle you to terminate the Contract; or
  • (vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  1. Use of Website

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

  • incompatibility of the Website with any of your equipment, software or telecommunications links;
  • technical problems including errors or interruptions of the Website;
  • unsuitability, unreliability or inaccuracy of the Website; and
  • failure of the Website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.

  1. Severance

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

  1. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

  1. Entire Agreement

These Terms form the entire basis of any agreement reached between you and us.

  1. Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

  1. Reviews

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant Simone Thomas Wellness and its sub-licensees the right to use the name that you submit in connection with such content if they choose.

REFER A FRIEND SCHEME – RUN BY MENTION ME

This is a summary of the key conditions to redeem rewards. It does not replace the full terms & conditions of Mention Me.

Referrer Rewards

  • The Referrer is offered a reward for each friend who orders for the first time.
  • The Referrer will not be offered a reward if the friend they have referred has previously purchased from Simone Thomas Wellness.
  • This offer can be shared for 6 months from the date of acceptance by the Referrer.
  • For the referral to qualify for the reward the referred friend must be a new customer to Simone Thomas Wellness and over the age of 18 and the Referred friend must meet the conditions of their reward.
  • There is no requirement for the referrer to be an existing Simone Thomas Wellness customer.
  • In order to share this offer, the referrer must be over the age of 18.
  • Rewards will be cumulative and so if multiple qualifying referrals are made to Simone Thomas Wellness, multiple rewards will be delivered to the referrer, subject to a limit.
  • A Referrer may not earn more than 5 within any 24-hour period or 25 within the last 12 months or 1500 GBP of reward value within the past 12 months.
  • Rewards will be delivered to the referrer on the day of the referred friend’s purchase provided the referred friend’s purchase is not cancelled
  • The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned.
  • Rewards will be valid for 6 months from the date earned by the referrer.
  • Referral rewards cannot be combined with other discount codes in a single order.
  • Simone Thomas Wellness reserves the right to refuse the issue of any reward to any Referred Friend or Referrer at any time.
  • Simone Thomas Wellness reserves the right to vary any and all elements of this offer at any time without notice.
  • There is no cash equivalent being offered.
  • This applies only whilst stocks last.

REFER A FRIEND SCHEME – RUN BY MENTION ME

This is a summary of the key conditions to redeem rewards. It does not replace the full terms & conditions of Mention Me.

Referrer Rewards

  • The Referrer is offered a reward for each friend who orders for the first time.
  • The Referrer will not be offered a reward if the friend they have referred has previously purchased from Simone Thomas Wellness.
  • This offer can be shared for 6 months from the date of acceptance by The Referrer.
  • For the referral to qualify for the reward The Referred friend must be a new customer to Simone Thomas Wellness and over the age of 18 and The Referred friend must meet the conditions of their reward.
  • There is no requirement for The Referrer to be an existing Simone Thomas Wellness customer.
  • In order to share this offer, The Referrer must be over the age of 18.
  • Rewards will be cumulative and so if multiple qualifying referrals are made to Simone Thomas Wellness, multiple rewards will be delivered to The Referrer, subject to a limit.
  • A Referrer may not earn more than 5 within any 24-hour period or 25 within the last 12 months or £1 500 of reward value within the past 12 months.
  • Rewards will be delivered to the referrer on the day of The Referred friend’s purchase provided The Referred friend’s purchase is not cancelled
  • The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned.
  • Rewards will be valid for 6 months from the date earned by The Referrer.
  • Referral rewards cannot be combined with other discount codes in a single order.
  • Simone Thomas Wellness reserves the right to refuse the issue of any reward to any Referred Friend or Referrer at any time.
  • Simone Thomas Wellness reserves the right to vary any and all elements of this offer at any time without notice.
  • There is no cash equivalent being offered.
  • This applies only whilst stocks last.

Referred Friend Rewards

  • The Referred Friend is offered a reward when they place their first order.
  • The Referred Friend will not be offered a reward if they have previously purchased from Simone Thomas Wellness.
  • The reward is valid for 7 days from the point of issue to The Referred friend.
  • To qualify for the reward, The Referred Friend must be a new customer to Simone Thomas Wellness and over the age of 18.
  • Any rewards will be revoked if a refund is requested on the order for which the reward was offered.
  • The Referred Friend reward cannot be claimed by the same person making the referral
  • Referred Friend rewards cannot be combined with other discount codes in a single order.
  • There is no cash equivalent being offered.
  • This applies only whilst stocks last.
  • This reward cannot be used in conjunction with any promotions currently being run.

User Generated Content

By responding #SimoneThomasWellness you agree to the following:

  1. You grant Simone Thomas Wellness Limited and its associated entities including but not limited to Simone Thomas Salons Limited a royalty-free, perpetual, worldwide, irrevocable, non-exclusive, transferable licence to use your social media photograph(s), images and / or video(s) together with your social media handle, social media username and your caption you may have included in your content and in relation to which you have responded #SimoneThomasWellness (“User Generated Content”) in any media, including but not limited to on simonethomaswellness.com, in any of Simone Thomas Salons and hair loss clinics, online and offline retailers, stockists and distributor platforms (including but not limited to Instagram, Facebook and Twitter) for Simone Thomas Wellness and/or its wholesale and/or franchise partners marketing and/or their advertising both in print and digital form.
  2. If the User Generated Content includes any identifying information, you also grant Simon Thomas Wellness the right to use such information including your social media username, name, image, likeness or other identifying information in conjunction with any use of your User Generated Content.
  3. Simone Thomas Wellness may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the User Generated Content for legal and / or regulatory reasons in any manner in its sole discretion, with no obligation to you whatsoever.
  4. You hereby represent and warrant that (i) you own all rights in the User Generated Content;(ii) you have permission from any person(s) appearing in the User Generated Content to grant the rights herein; (iii) you and all other person(s) appearing in the User Generated Content are 18 years or older; (iv) nothing in the User Generated Content is inappropriate or defamatory, and (v) Simone Thomas Wellness use of your User Generated Content will not violate the rights of any third party or any law. Simone Thomas Wellness has the right to disclose your identity to any third party who claims that the User Generated Content infringes their rights.
  5. You also warrant that your User Generated Content is accurate and truthful and does not include false or misleading statements, claims, depictions and / or that it does not misleadingly exaggerate the effect any Simone Thomas Wellness product(s) are capable of achieving (whether through pre-production techniques or post-production techniques (including filtering, retouching or editing etc).
  6. You consent to Simone Thomas Wellness Limited’s collection of any personal information you provide, and Simone Thomas Wellness Limited’s use and disclosure of that personal information in connection with the use of your User Generated Content as described above.
  7. Your personal information may be shared with associated entities and third parties acting on behalf of Simone Thomas Wellness Limited including but not limited to Simone Thomas Salons Limited. In addition, your personal information may be transferred to or accessible from outside the EEA and may be shared with associated entities and third parties acting on behalf of Simone Thomas Wellness Limited.
  8. By posting User Generated Content that includes personal information together with #SimoneThomasWellness or otherwise providing Simone Thomas Wellness with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with these Terms and Conditions, Simone Thomas Wellness Privacy Policy, and applicable data protection laws and regulations.
  9. You hereby waive any moral rights in the User Generated Content to which you are now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.
  10. You hereby release and discharge Simone Thomas Wellness Limited from all and any obligation to pay you for any use of your User Generated Content and for any of the intellectual property rights contained therein in connection with the uses described above.
  11. You hereby agree to release, discharge, defend, indemnify and hold harmless Simone Thomas Wellness Limited and its employees, contractors, sponsors or any other person acting on Simone Thomas Wellness Limited’s behalf from all claims, causes of action, proceedings, penalties, fines, losses, damages, fees, costs, expenses or other liabilities of whatever nature, including settlements costs, and reasonable attorney fee, courts costs, and other expenses, arising out or in connection with: (i) use by Simone Thomas Wellness and / or its designees of your User Generated Content; (ii) your breach of any terms of these Terms and Conditions; (iii) any breach of your representations and warranties set forth herein; and (iv) your violation of the rights of any third party or any law.
  12. You hereby accept that Simone Thomas Wellness may reject and / or remove your User Generated Content for any reason.
  13. Should you change your mind about sharing your User Generated Content you must delete your caption / comment which includes #SimoneThomasWellness and send an email to info@simonethomaswellness.com stating that you wish to opt out from the sharing of your User Generated Content.
  14. Simone Thomas Wellness Limited reserves the right to alter these Terms and Conditions without warning.