TERMS AND CONDITIONS

  By using this website and purchasing products from it, you are agreeing to the terms and conditions that appear below.
If you have any comments or questions about our terms and conditions, please contact us by using our contact form.
You can also send a fax to 0870 138 7947 (national call rate), or you can write to this address: -
Customer Services, B I Marketing, 32 Coltsfoot Green, Luton, Bedfordshire, LU4 0XN.

By visiting this website you confirm that you are at least 18 years old, or if under 18, that you are accessing the Website with the full consent of a parent or guardian and in making a purchase from the Website you agree to abide by all of the following terms and conditions governing use of the Website. The following terms do not affect consumers' statutory rights.

  This site has been designed to give clear information about our goods and services. If you find anything that is not clear or appears to be a contradiction, please contact us by using our contact form.

  When you place an order from this website you will be sent an email order confirmation (or a postal confirmation if we do not have your email address).
Once you have purchased your goods, you have a "cooling off" period of 7 working days after you have received your order.
(Ref. dti business guide reference 9.2.)

  By ordering using our website, you are agreeing to all the terms and conditions presented on this page.
When you place an order using our shopping basket and your credit or debit card, you will receive a confirmation once your card details have been checked, this is usually within a few minutes of ordering.
When you place an order using our shopping basket and send us a cheque, you will receive an order confirmation as soon as we have processed the form, whether we have received your payment or not.
Your order will be sent once we receive your payment and it has cleared through our bank.

  When ordering using our shopping basket, your credit or debit card and personal details are sent to WorldPay via a secure link. WorldPay are a well respected secure online credit card processing agent. For online sales, your card details are processed directly by Worldpay. Please see our privacy policy.
Your online transaction will show on your statement as WP BI Marketing.

  There are several payment methods.
You can pay by credit or debit card using our shopping basket. We accept all major credit and debit cards. All your personal details are encrypted via the Worldpay secure server. Once your card details have been verified, your order will be processed. You will receive an email confirming your payment within a few minutes.
You can pay by Paypal using our shopping basket even if you do not have a Paypal account. All your personal details are encrypted via the Paypal secure server. Once your card details have been verified, your order will be processed. You will receive an email confirming your payment within a few minutes.
You can pay by cheque using our shopping basket. Simply select to pay by cheque when prompted. When we receive your order we will send you an email confirmation. Once your cheque has been cleared your order will be dispatched.

  You can expect to receive your order within 4 working days (or by 28 days at the latest). Should an item be out of stock, we will inform you of the approximate delivery date. If there is a further delay on that item, we will contact you to agree :-

• A mutually agreed time scale for the order to be delivered.
• A substitution for another product of equal or more value.
• A refund for the full amount of the item in question within 30 days.

We cannot accept responsibility for returned goods that could not be delivered due to the customer not being at home or not collecting from their local post office. In this case the customer must pay the postal charge again. We also cannot accept responsibility if an item is refused delivery and incurs a charge by the courier for re-delivery. If such a situation occurs and the customer requests a refund, any charges or losses we incur will be deducted from the refund.
Customers may arrange to have their order delivered to another address (work) by filling in the delivery address form at the checkout stage or by using our contact form after they have placed their order. Please note that we will only send to alternative delivery addresses for previous customers.

If an item is out of stock we will contact you to let you know. Should we not be able to honour your order within 21 days due to unforeseen circumstances, we will make a complete refund at your request.

If goods are returned to us as "Not delivered" or "Undeliverable", we reserve the right to charge return postage and once we receive payment, the products will be returned. We cannot accept responsibility for errors made by the post office or courier.

  Herbalife give a 30 day money back guarantee, if you are not happy with any product please return it to us (see returns and refunds). If you have any particular health concerns or are allergic to any ingredients you must check BEFORE opening the product.

  If you have ordered using the shopping basket, you have a right to cancel your order within 7 working days using email or fax.
If you have posted your order you must write, email or fax your cancellation as soon as possible or within 7 working days.
When canceling your order you do not have to give a reason, although a reason for cancellation is helpful to us and Herbalife UK for future improvement.
Cancellation is required in writing, a phone call will not be sufficient. The date stated on the letter, email or fax will be taken as the date of cancellation.
The customer is legally responsible to look after the goods, if not we will proceed to claim against the customer for loss in value. If you have already received your goods, you must return them to us as soon as possible using recorded delivery to prove receipt and within 21 days from the order date.
We will always honour the refund, however we reserve the right to withhold a refund for up to 28 days on cancelled orders only until we receive the returned goods. Once we have received the goods, our normal refund policy will apply.
Ref. dti business guide reference 8.3. and 14.1-8. Please also see "returns and refunds".

  If you are not happy with your products, please contact us for a returns number first, then return them to us in good condition, using recorded delivery, stating your reason for return and package them well to avoid damage in transit.
At your request, we will refund your postage. It is the customers' responsibility to make sure the goods are not damaged or misused if returning them. If the goods are returned in a damaged state or show signs of misuse, we are entitled to seek compensation for loss of value. If on receipt we find the products have not been used as directed we shall deduct the value of the mistreated goods from the refund.
As we are selling a consumable product to be taken in a controlled manner, it will be very apparent if the product has been misused. For example, if a pot of 30 tablets, 1 to be taken every day is returned to us after 7 days with only 7 tablets left, we will only refund a quarter of the original price as this is unreasonable use of the product. Please see the dti business guide.
If the goods are not returned to us, we will arrange to collect them and deduct the direct cost for recovery from your refund, as this constitutes a breach of the law. Please refer to the dti business guide reference 12.3.
Refunds are usually made by cheque or using the same method as at point of sale and within 30 days according to the Herbalife customer policy and the dti regulations.

  We cannot be responsible for any browser settings on your computer or server which may store invalid old versions of our website. You must make sure that you have an updated page when you place your order.

  We may, as part of a promotion send out samples of products. There is no obligation on the customer to pay for these.

  A working day is any day except Saturdays, Sundays and Public Holidays. Please refer to the dti business guide reference 9.3.

  If you have any complaints about our website or our services please use our contact form.
We shall make every effort to reply within 3 working days by email.

  If you need to contact us for any reason, please use the email address on our contact page.
You can also call us on our local rate phone number or send us a fax. We may not be able to take your call at that time, however if you leave your name and number and a brief message, we will call you back within a reasonable time.
You may write to us at the address found on our contact page. Please indicate how you wish us to reply, if time is an issue we will use email.

  We intend to abide by the regulations set out buy Herbalife.
We also intend to abide by the following: -

Consumer credit act 1974
Consumer protection act 1987
Consumer protection (distance selling) regulations 2000
Fair trading act 1973
General product safety regulations 1994
Sale of goods act 1979
Supply of goods and services act 1982
Trade descriptions act 1968
Unfair contract terms act 1977
Unfair terms in consumer contracts regulations 1994
Unsolicited goods and services act 1971 (for distance selling)

If you have any issue with any of our terms, please contact us by using our contact form

  All material on the Website and any material sent to you by e-mail or by any other method belongs to us. You may retrieve and display content from the Website on a computer screen, print individual pages on paper, photocopy and store the pages in electronic form on disk for your personal, non-commercial use.
We own the copyright and all other intellectual property rights associated with the content, except where otherwise stated.
Except as specifically stated in these terms, you may not do any of the following without prior written permission :-

• Reproduce, modify or in any way commercially exploit any of the content.
• Redistribute any of the content which includes using it as part of a library, archive or similar service.
• Remove the copyright or trade mark notices from any copies of content made in accordance with these terms.
• Copy any of the images or text on our website. Although some of the original images are courtesy of Herbalife literature, we have spent a lot of time to reproduce all of them ourselves either by scanning or our own photography and any website caught using our pictures will be asked to remove them immediately.

• Except as authorised in these terms, make any commercial or business use of the Website or resell or commercially benefit from any part or aspect of the Website.
• Publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information.
• Threaten, harass, stalk, abuse, disrupt or otherwise violate the rights, including rights of privacy and publicity of others.
• Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms or any other harmful software.
• Falsify the true ownership of software or other material or information contained in files made available via the Website.
• Obtain or attempt to obtain unauthorised access, through whatever means, to the Website, other services or computer systems which are identified as restricted.

Where the Website requires that you provide information in order to use it, you are obliged to provide accurate and complete information.

  We will not respond to any electronic mail which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion consider fit in respect of such material.
Unless you indicate to the contrary all e-mails received will be taken to be submitted, where appropriate, for publication. If we decide to publish an e-mail from you on the Website we will incur no liability to you by doing so, unless you state clearly that the material contained in your e-mail has been submitted for the purposes of negotiating a fee for the publication of that material. In that event you must include your name, address and a telephone number in your e-mail.
We will not disclose any personal information under any circumstances about any of our staff.
We do not tolerate spam email in any dimension and we do not send any spam from our domain. We do however receive thousands of spam emails many of which contain viruses, and have even received viruses appearing to be from ourselves or emails offering weight loss products! If you have received an email appearing to be from us containing a virus or of an abusive manner, please use our contact form and we shall report it to the relevant authorities.
Due to this, from 1st May 2007 we no longer receive emails. All communication from customers and users of our website is solely via our contact form

  You agree that we have no control over third party content and information which can be accessed using the Website such as adverts or links and that we do not examine or edit the use to which you or others put the Website or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. You agree that we shall not be liable whatsoever for any loss or damage arising from use of the Website. You furthermore agree to indemnify us in the manner set out below in these terms in relation to your use in any way of the Website.
We reserve the right to remove any information or material we consider to be in breach of any of these terms without notice, and without prejudice to any other accrued rights, and to make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude to the fullest extent permitted by law any liability for the security of the services on the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems.
Except unless otherwise stated, we make no warranty whatsoever as to any goods or services purchased or obtained or offered to you from another website through use of this Website, whether accessed directly or otherwise.
We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Website. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

  You agree to indemnify and hold us harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and a breach of the Acceptable Use Policy and any of these terms.

  We are not responsible for any technical or other issues that may arise if you download software from external third party websites or upgrade your browser software to enhance your usage of the Website.

  We reserve the right to make any changes to the Website. Due to our policy of updating and improving the Website, it may therefore be necessary to change these terms.
In the event that we change the terms, it is your responsibility to make sure you are aware of the changes. If you do not agree to be bound by them, you should not use the Website.

  This Website does not contain sponsorship to date, however we do include links to other sites for the purposes of sharing useful information to our visitors and to help in search engines.

  We may from time to time run competitions, prize draws or other promotions on the Website. These may be subject to additional terms and conditions at the relevant time.
These may at our discretion, be contained in a separate policy or added to this policy.

  We may terminate the Website without any prior notice where (by way of example and without limitation): -

• There is a regulatory or statutory change limiting our ability to provide the Website.
• Any event beyond our reasonable control prevents us from continuing to provide the Website (for example, without limitation, technical difficulties, capacity problems and communications failures).
• Previous customers will have been made aware how to contact us should our website become unavailable.

  These terms shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms.
For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.

  You may not assign, sub-license or otherwise transfer any of your rights under these terms. If any part of these terms and conditions is found to be invalid by any court having competent jurisdiction, the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.

  We will only use personal data collected during your use of this website in accordance with current UK data protection legislation. Please look at our Privacy Policy to find out what we propose to do with your data and your options.