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iMETAWELLNESS – Mental Health and Wellbeing Support

Consumer Terms

The terms set out in this Consumer Terms below (“Terms”), together with the Privacy and Cookies Policy and the Terms of Website Use, provide information about iMetaWellness and the basis on which you may make use of the website https://imetawellness.co.uk/ (“Site”) to browse the Site and/or buy any of the services or/and products (“Services”, “Products”) listed on the Site. Your access to the Site and the “Primary Country Location” will be determined by the information you provide, your activity on the Site and your device and connection information. IMETAWELLNESS LIMITED, trading as IMETAWELLNESS or (“IMW”), operates the IMETAWELLNESS website. IMETAWELLNESS LIMITED is a company registered in England and Wales under company number 13911618, with its registered office at 86-90 Paul Street, London, EC2A 4NE, United Kingdom. To contact IMW, please see the Contact page.

The Site is a marketplace for independent third-party Service Providers and Sellers to sell SERVICES and Products to you.

Please note that although IMW provides the marketplace to help facilitate transactions, which are carried out through the Site, IMW is neither a buyer nor a seller of the SERVICES or/and PRODUCTS. Therefore, IMW recommends that before placing an order, you make sure that you are happy with the Terms and the SERVICE PROVIDER you are dealing with, as IMW cannot give any guarantee or warranty as to the SERVICES and/or PRODUCTS supplied by the Service Provider or/and Seller.

The contract will comprise the Terms and the Service Provider’s/Seller’s additional terms and conditions (“Additional Terms”), which appear in the “Service Provider Terms” or “Seller Terms” tab on the Service Provider’s or Seller’s page.

You will be invited to agree to the Terms when you open an account with IMW. The Terms may be updated from time to time as set out in clause 8. Whenever you wish to order Services and/or Products, please check the Terms to ensure you understand the terms that apply at that time. The Terms were most recently updated on 29 September 2023.

In the Terms, any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Terms of Contract with the Service Provider or/and Seller.

These Terms and the Additional Terms will apply to any Contract between you and the Service Provider or/and Seller for the sale of Service (s) or/and Products to you. Please read them carefully and ensure you understand them before ordering any Services or/and Products from the Site. If there is any discrepancy between these Terms and the Additional Terms, the provision in these Terms will apply, and you should disregard the alternative provision in the Additional Terms.

These Terms and any Contract between you and the Service Provider or/and Seller are only in English.

1. Information about Service Providers and Sellers

Information on each Service Provider and Seller, including the company name, company number, registered office and, where applicable, the trading address and VAT number, are available on the Service Provider or Seller page.

2. Services and Products

2.1. The images of the Services and Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

2.2. Although we have made every effort to be as accurate as possible, features, all sizes, weights, capacities, dimensions, and measurements indicated on the Site are approximate only. Suppose any material discrepancy comes to light after you have placed an order. In that case, we will inform you by email as soon as possible and give you the option to cancel your order (in which case, we will process a refund of the full amount as soon as practicably possible).

2.3. The packaging of the Products may vary from that shown on images on the Site.

2.4. All Services and Products shown on the Site are subject to availability to book or purchase. We will inform you by email as soon as possible if the Service or Product you have ordered is unavailable, and we will process a refund of the full amount as soon as practicably possible.

3. Use of this Site

3.1. Terms of Website Use govern your use of the Site. Please take the time to read this document, as it includes important terms which apply to you.

3.2. If you post or publish any content on the Site, you agree that:

3.2.1. any feedback on Service Provider or/and Sellers or Services or Products which you post or publish will comply with IMW review guidelines; and

3.2.2 you will not post or publish any libellous, defamatory, offensive, incorrect, misleading or inaccurate content.

Due to the volume of Service Providers, Sellers, Services and Products on the Site, IMETAWELLNESS cannot review all the feedback/content submitted. Therefore, immediately inform IMW of any defamatory, illegal or offensive posts by contacting IMW via our Contact Form. IMW will then review these and take the appropriate action.

You acknowledge and accept that your failure to use the Site following the Terms of Website Use may result in blocked access to the Site.

4. How IMW uses your personal information

Your personal information will be used following the Privacy and Cookies Policy. Please take the time to read this document, as it includes important information which applies to you.

5. If you are a consumer

This clause 5 only applies if you are a consumer.

5.1 As a consumer, you may only purchase Products from the Site if you are at least 18 years old.

5.2 Certain Services or/and Products on the Site can only be purchased if you satisfy the legal age requirement for that Service or/and Product in the UK.

5.3. You acknowledge and accept that we may perform proof of age checks when you order a Service or/and Product. Please note that in proceeding to order a Service or/and Product through the Site, you consent to these checks being carried out. If you do not consent to these checks being carried out, you should not order Services or/and Products through the Site.

5.4 As a consumer, you have legal rights about Services or/and Products that are faulty or not as described. Your local Citizens’ Advice Bureau or Trading Standards office provides advice about your legal rights. Nothing in these Terms will affect these legal rights.

6. If you are a business customer

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Services or/and Products.

6.2 These Terms and the Additional Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of us that is not set out in these Terms and the Additional Terms.

7. How is the contract formed between you and us by this Consumer Terms

7.1 For the steps you need to take to place an order on the Site, please see How to place an order.

7.2 The order process on the Site allows you to check and amend any errors before submitting your order. Please take the time to read and check your order on each page of the order process.

7.3 After you place an order, you will receive an email from IMW acknowledging receipt of your order (“Order Confirmation”). However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 7.5. Without affecting your rights to return the Product as set out in these Terms, you can cancel your order for a Service or/and Product at no cost to you 3 days before your Service was provided by the Service Provider or at any time before the Product was dispatched to you.

7.4 Without affecting your rights to return the Product as set out in these Terms, you can cancel your order for a Service or Product at no cost within 30 (thirty) minutes of placing the order. Thereafter, if you wish to cancel before a dispatch, a cancellation request shall be sent to us for review. The cancellation is at our discretion, and we do not guarantee that your order will be cancelled. For details about cancellation after delivery, please see clause 9.

7.5. The Contract between us will only be formed when Service is provided or/and we dispatch your Product to you.

7.6 If we are unable to supply you with the Service or/and the Product (for example, because that Service or Product is not in stock, no longer available or because of an error in the price on the Site as referred to in clause 12.5), we will inform you of this by email. We will refund the full amount as soon as practicably possible.

8. Right to vary these Consumer Terms

8.1 These Terms may be updated from time to time.

8.2 Every time you order Service or/and Products from us, the version of these Terms in force at that time will apply to the contract between you and us.

8.3 Whenever we revise these Terms per clause 8, we will inform you and notify you by stating on the Site that these Terms have been amended.

9. Consumer rights of return and refund under this Consumer Terms

This clause 9 only applies if you are a consumer.

9.1 As a consumer, you have legal rights concerning Services or/and Products that are faulty, of poor quality or not as described under the Consumer Rights Act 2015. As such, the Products must be:

9.1.1 of satisfactory quality, i.e. not faulty or damaged;

9.1.2 fit for purpose, i.e. the Products should be suited to the purpose they are supplied for; and

9.1.3 as described, i.e. the Products must match their description.

9.2 Cancellation requests submitted within 30 (thirty) minutes of placing the order will be processed automatically, and you will receive an automatic refund of the price you paid for the Service or/and Products and any applicable delivery charges you paid.

9.3 You also have a legal right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”). This means that if, during the period described in clause 9.5, you change your mind or for any other reason you decide you do not want to keep a Product/Service, you can cancel the contract and receive a refund.

Advice about your legal right to cancel the contract under the Regulations is available from your local Advice Bureau or Trading Standards office.

9.4 However, this cancellation right does not apply in the case of:

9.4.1 products made to your specification, clearly personalised, custom-made or commissioned in any way;

9.4.2 perishable items, including vitamins, supplements, food, drink and fresh flowers;

9.4.3 audio or video recordings, computer software, DVDs or CDs which have a security seal which you have opened or unsealed after you receive them;

9.4.4 any digitally downloaded Products such as but not limited to audio or video recordings, computer software which has been activated;

9.4.5 newspapers, periodicals or magazines; and

9.4.6 items, which by their nature cannot be returned (such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied).

9.5 Your legal right to cancel the contract may be exercised at any time during the 14 days starting from the date the contract between us is formed (the date when we dispatch the Products to you).

9.6 To cancel a Contract or request a goodwill return, please log in to your customer account (“Customer Account”) here: Customer Account Login, find the order from the list of recent orders, locate the specific Service or/and Product and select the cancel option to begin the process. Your request is effective from the date you submit it through the system on the Site.

9.7 Where you have exercised your legal right to cancel:

9.7.1 if the Product is returned to us in the same condition as you received it in, you will receive a full refund of the price you paid for the Product and any applicable delivery charges you paid or

9.7.2 if the Product is not returned to us in the same condition as you received it in, we may not be able to sell it to someone else, in which case we may refuse to accept the return, or we may accept the return on the basis that you receive only a partial refund (usually not more than 50% of the price paid). If you do not agree to the amount of the partial refund and request that we return the Product to you, you are responsible for the costs of such return and

9.7.3 any refund will be processed within 14 calendar days of the day you gave us notice of cancellation as described in clause 9.6, provided that the Product is returned to us or made available for collection as described in clause 9.10.

9.8 We also operate a goodwill refund policy allowing you to return Products within 30 days of delivery in exchange for a refund, provided the Products are unused and undamaged. We will process your return, and the refund will be processed as soon as possible (usually within 3 working days) after we receive the Products from you.

9.9 If you return the Products to us because they are faulty or misdescribed, we will offer resolutions based on the timelines outlined in the Consumer Rights Act 2015.

9.10 Where Products are to be returned to us:

9.10.1 you must return the Products to us as soon as reasonably practicable unless we decide that the Products should be collected, in which case we shall collect them from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

9.10.2 unless the Products are faulty/not as described or the Additional Terms state that we will be responsible for the cost of return or collection, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. Where a collection is possible, we will confirm the charges for collecting the Products before arranging a collection with you, and

9.10.3 you have a legal obligation to keep the Products in your possession and take reasonable care of them while they are in your possession.

9.11 The return address to which you should return the Product is provided on our Seller’s page. Alternatively, we may (at our discretion) provide you with a prepaid returns label, make a refund without requesting that the Product be returned, or arrange to collect the Product from you.

As a consumer, you will always have legal rights concerning faulty products or not as described. These legal rights are not affected by the goodwill returns policy described in this clause 9 or by these Terms.

Your local Citizens’ Advice Bureau or Trading Standards office provides advice about your legal rights.

10. Delivery

10.1 Your Service order will be delivered via video call using the link provided when placing an order and by email. If you didn’t join the call or join later than 15 min after it started, we will consider the order as delivered, and no refund is possible.

10.2 Your Product order will be fulfilled by the estimated delivery date set out in the Order Confirmation unless there is an Event Outside Our Control (as described in clause 17.2). If we cannot meet the estimated delivery date because of an Event Outside Our Control, we may contact you with a revised estimated delivery date.

10.3 Delivery will be completed when we deliver the Products to the address you gave us.

10.4 The Products will be your responsibility from the completion of delivery.

10.5 You own the Products once they have been delivered to you.

10.6 If you order a large and/or heavy Product, our courier may be unable to get the Product into your property. In these situations, our courier may offer to deliver the Product to the closest possible point to your property (such as your garage) so you can make arrangements to get the Product to your property. If not, the courier may attempt another delivery, or we may give you a full refund.

11. International delivery

11.1 We deliver to the countries set out on our Seller’s page (“Delivery Destinations”). However, there are restrictions on some Products for certain Delivery Destinations, so please carefully review the information on our Seller’s page and the associated costs before ordering Products.

11.2 If you order Products from the Site for delivery outside the Primary Country Location, your order may be subject to import duties and taxes applied when the delivery reaches its destination. The Seller pays import duties and taxes if the Delivery Destination is the UK.

11.3 You must comply with all applicable laws and regulations in the Delivery Destination. We will not be liable or responsible if you break any such law or regulation.

12. Prices and delivery charges

12.1 The prices of the Products shall be as quoted on the Site from time to time. The currency will be displayed in the currency of the UK.

12.2 Prices for our Services or/and Products may change occasionally, but changes will not affect any order we have confirmed with an Order Confirmation.

12.3 The price of a Service or/and Product includes value-added tax (VAT) or other sales tax, which (where relevant) will be applied at the current rate chargeable in the Delivery Destination for the time being.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site. To check current delivery charges, please refer to our Seller’s page for the Product you are ordering. The delivery charges include VAT or other sales tax applicable at the current rate chargeable in the Delivery Destination for the time being.

12.5 The Site contains a large number of Services or/and Products. IMW take all reasonable care to ensure that the prices of Services or/and Products are correct at the time when the relevant information was entered into the system, and we normally check prices as part of our dispatch procedures. However, it is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced:

12.5.1 If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

12.5.2 Whenever a pricing error is discovered, we will treat the order as cancelled and notify you in writing.

13. Payments and refunds

13.1 You can pay for Products using any major debit or credit card. The following cards are accepted: Discover, Visa/Visa Debit/Visa Electron, Mastercard, Maestro, and American Express (AMEX). Check the Stripe website for more details.

13.2 If your payment comes directly from you to us and is securely processed by Stripe, please note that IMW handles your money until your order is fulfilled.

13.3 Payment for the Services and Products and all applicable delivery charges is in advance. After the payment is approved, we will dispatch your Products using the shipping method you selected on purchase. After your order for a Service is confirmed by the Service provider, you have to join the video call at the time/date you booked and receive a consultancy from our Practitioner.

13.4 The payment arrangements in clause this 13 shall not affect any rights you may have against us under these Terms.

13.5 Any refund you are entitled to under these Terms will be made via the same payment method you used to make the payment. If the refund is made within 180 days of the date of your order, it will be processed through the same payment method which you used while placing it; after that time, we will make any refund due to you directly to you.

14. Manufacturers’ guarantees

14.11 Some of the Products Service Providers sell you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer warranty provided with the Products.

14.2 If you are a consumer, any manufacturer’s guarantee is provided to you in addition to your legal rights concerning faulty products or not as described. Your local Citizens’ Advice Bureau or Trading Standards office provides advice about your legal rights.

15 Limitations on our liability

This clause 15 only applies if you are a business.

15.1 Where the Services or/and Products are for sole use by your business, you agree not to use the Product for any re-sale purposes.

15.2 Nothing in these Terms limit or exclude our liability for:

15.2.1 death or personal injury caused by our negligence;

15.2.2 fraud or fraudulent misrepresentation;

15.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and

15.2.4 breach of section 2 of the Consumer Protection Act 1987.

15.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Still, we are contractible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if you and we contemplated them when we entered the contract. Subject to clause 15.2, we have no liability to you for any loss of profit, lossContractness, businesContractuption, or loss of business opportunity.

15.4 Subject to clause 15.2, our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.

15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings concerning the Services or/and Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services or/and Products are suitable for your purposes.

16. Discount codes

16.1 Discount Codes are available to use on products purchased from the Site. Please see the Discount Code page for further information.

17. Events Outside Our Control

17.1 IMW will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2

17.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including, but not limited to, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.3 If an Event Outside Our CContractakes place that affects the performance of our obligations under the Contract:

17.3.1 IMW will contact you as soon as reasonably possible to notify you and

17.3.2 our obligations under the contract will be suspended, and the time for performing our duties will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a delivery date with you after the Event Outside Our Control is over.

18. Communications

18.1 When we refer, in these Terms, to “in writing”, this will include email.

18.2 If you cancel the contract under your legal right to do so as set out in clause 9, or you wish to request a return under our goodwill refund policy or if you wish to contact us for any other reason, you must submit a notification through your Customer (Patient) Account. A notification submitted through your Customer Account will be treated as having been received as soon as it is sent. We recommend keeping a copy of any cancellation notification you submit for your records.

18.3 If you wish to contact us after your Customer Account has been closed, you should contact us by first-class signed for prepaid post to our registered office. Any such communication will be treated as having been received 5 days after the date of posting.

18.4 The provisions of this clause shall not apply to the Service of any proceedings or other documents in any legal action.

18.5 If you wish to contact IMW (for example, to give feedback on the Site), you should send this to IMW by prepaid first-claContractd for post to our registered address or via our Contact Us form.

19. Other important terms in this Consumer Terms

19.1 We may transfer our rights and obligations under the contract to another organisation, but this will not affect our rights or obligations under these Terms.

19.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

19.3 The Contract is between you and us, and subject to clause 19.4, no other person shall have a contract to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

19.4 IMW shall be entitled to enforce the contract under the Contracts (Rights of Third Parties) Act 1999.

19.5 Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides they are unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.

19.6 If IMW fails to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, weContractly do so in writing, which will not mean that we will automatically waive any later default by you.

19.7 If you are a consumer, the contract will be governed by English law. If you reside in England and Wales, the courts of England and contracted in London will have exclusive jurisdiction. Contractide any dispute or claim arising out of or in connection with the contract (including disputes regarding the formation of the contract). If you reside in another jurisdiction, legal proceedings shall be brought to courts of England and Wales in London.

19.8 If you are a business, English law will govern the contract. You and we both agree that the courts of England and Wales located in London will have exclusive jurisdiction to decide any dispute or claim arising out of orContractection with the contract (including disputes regarding the formation of the contract).

19.9 For more information about how disputes arising through the Site can be resolved, please Contact Us.

19.10 IMW will not file a copy of the contract between us.

Last Modified: 18 March 2024