Terms and Conditions
Terms and Conditions
We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions of business and the remainder of the provision in question will not be affected. This Website, any content contained herein and any contract brought into being as a result of usage of this Website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. Contracts are concluded in English. These terms and conditions do not affect your statutory rights. All customers on HempElf.eu are protected by the EU Consumer Laws unless overriden by local country regulations.
‘Conditions’ means these terms and conditions. ‘We/us/our’ means WINCHESTER GMBH ‘Website’ means the Website located at www.hempelf.eu or any subsequent URL which may replace it or sit alongside it. EU means Euorpean Union.
- ORDER PROCESS
Orders will only be accepted from persons over the age of 18. Orders may be accepted from persons resident outside the EU only if the products are considered legal in their local region. All orders are subject to acceptance and availability. If any goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available from stock or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary. 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 prior to acceptance. You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not accept an order unless all details requested on the order form have been entered correctly. You acknowledge that any automated acknowledgment of your order that 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 accept your order by (i) debiting your credit or debit card, or (ii) despatching goods to you/making goods available for download by you or commencing the services, whichever is the earlier. 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 held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Each item or service purchased is sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
Orders can be cancelled without charge as long as instructions are received at least 2 hours before the cutoff for post. No cancellation can be accepted after this deadline.
Customers are offered a range of shipping options depending on the delivery destination.
HempElf.EU reserves the right to introduce new delivery options with immideate notice.
Fulfilment is from Monday to Saturday (inclusive), all goods are sent with tracking and where possible signatures will be requested. Where customers specifically request for parcels to be delivered without a signature, the customer accepts full responsibility in case the parcel/product is damaged, lost or stolen.
Please contact us by email to email@example.com if your delivery does not arrive within the expected time period.
Orders must be placed before the cut off (found on the checkout page) to be guaranteed for same day dispatch. While HempElf.eu will try to fulfil as many orders as possible, where orders are placed after the cut-off, we reserve the right to process them the following working day.
Where parcels cannot be delivered because of incorrect address or failed delivery due to customer not present or any other reason that delivery cannot be made, the courier will charge €8 to return the product to base. If customer wishes to have the parcel re-sent, the return cost as well as the new postage cost will become payable. If customer requests a refund instead of re-delivery, a refund is issued minus the cost of delivery and the cost of return.
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. Prices are in Euros unless otherwise specified.
In the unlikely event that the price or description of an item or service has been incorrectly advertised, we may contact you by email to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we may cancel the order. Unless we have already despatched or commenced performance of your order, we will not be obliged to supply products or provide services at the incorrect price or based on an incorrect description. Payment can be made by any major credit or debit card (issued by a regulated European financial institution) or through bank transfer as explained on the checkout page. We are unable to process payments from American Express cards or PayPal. Payment will be debited and cleared from your account before the despatch of your goods. By placing an order, you, the buyer, consent to payment being charged to your debit/credit card account or electronic payment transaction deposited from your bank. Title to the goods will pass to you, the buyer, on delivery of the goods. We will issue you with an electronic receipt to your email address once the goods have been despatched. When you pay for your order by credit or debit card, we use a payment gateway (Quickpay) who carry out checks or ‘authorisations’ with the card issuer for security reasons.
To be eligible to purchase goods or services on this Website and lawfully enter into and form contracts on this Website, you must, if an individual, be 18 years of age or over; and register your real name, address, phone number, email address and any other details requested. If you are under 18, please ask consult your parents or legal guardian as you are prohibited to make purchases on HempElf.eu. By offering to purchase goods and services, you represent to us that you are 18 years of age or over 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.
- RETURNS POLICY
Please check that your order is correct upon receipt.
You have up to 14 days from the day you receive your goods to contact us and return or cancel your purchase. If you wish to cancel, you must inform us of this decision by email to firstname.lastname@example.org with your order reference number and intention to cancel. We can only accept returned items that are in resalable condition i.e. unopened, sealed and in their original packaging. You are responsible for the cost of returning the items. We will then provide a refund (minus any postage costs we have incurred but have not charged you) to your original method of payment within 14 days of receiving the item(s). We advise that you obtain a proof of postage when you return the item.
In the unlikely event that you receive a product with a manufacturing fault, or a damaged or incorrect product, please contact us as soon as possible on email@example.com attaching photos of the items where possible, and letting us know your order reference number. We aim to respond to messages within 24 hours. Please note that some investigations can take longer.
In case an incorrect product has been received, the customer must refrain from opening the packaging and should contact HempElf via email as soon as possible to arrange a replacement or alternative compensation. HempElf has the right to request the incorrect item back and any item that is opened is deemed to be acceptance of that product.
Where a manufacturing fault has been confirmed we will provide a replacement, store credit or refund within 10 days and postage costs will also be refunded on submission of proof of cost of postage.
All returns items must be sent to us using tracked (and we recommend insured) mail.
Where the product has had to be shipped from overseas, we cannot offer refund on import duties.
If a returned item is found not to be faulty under testing, then you will be required to pay the cost of return postage.
- INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited. 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. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. No licence is granted to you in these Conditions to use any trademark of www.hempelf.eu or its affiliated companies and businesses. Goods and services sold by us may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.
We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. Products, services, prices and offers are only valid at the time they are published on our Website. All images should be used only as a guide or representation of the item. All drawings, descriptive matter and specifications of goods and services on the Website are for the sole purpose of giving an approximate description of the goods and services. We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability. We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. You may not use the Website for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
- breaches any relevant laws, regulations or code of practice;
- gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the Website;
- breaching any laws concerning the use of public telecommunications networks;
- interfering or disrupting networks or websites connected to the Website; and
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
- LIABILITY AND INDEMNITY
Notwithstanding any other provision in the Terms and Conditions, nothing in these Terms and Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from our negligence. 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 the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom. 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. We will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Terms and Conditions, if the delay or failure was due to any cause beyond our reasonable control. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for: 11.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 11.2. any loss of goodwill or reputation; or 11.3. any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Terms and Conditions. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
- FORCE MAJEURE
We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.
You warrant that: 13.1. the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; 13.2. you are not impersonating any other person or entity and 13.3. you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.
- THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- EXTERNAL LINKS
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for: 16.1. the privacy practices of such websites; 16.2. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or 16.3. the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
- OVERSEAS ORDERS
Orders to EU and UK will be shipped inclusive of VAT. Orders sent to destinations outside of Europe may incur import duties and taxes which have to be paid by the consumer.
- GOVERNING LAW AND JURISDICTION
The Website is controlled and operated in the European Union. These Terms and Conditions will be governed by the EU law and the and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Austria.
Our cookies help us:
- Make our website work as you’d expect
- Save you having to login every time you visit the site
- Remember your settings during and between visits
- Improve the speed/security of the site
- Allow you to share pages with social networks like Facebook
- Personalise our site to you to help you get what you need faster
- Continuously improve our website for you
- Make our marketing more efficient (ultimately helping us to offer the service we do at the price we do)
- Collect any personally identifiable information (without your express permission)
- Collect any sensitive information (without your express permission)
- Pass personally identifiable data to third parties
You can learn more about all the cookies we use below
More about our Cookies
Website Function Cookies
- Making our shopping basket and checkout work
- Determining if you are logged in or not
- Remembering your search settings
- Allowing you to add comments to our site
- Tailoring content to your needs
- Remembering if we have already asked you certain questions (e.g. you declined to use our app or take our survey)
There is no way to prevent these cookies being set other than to not use our site.
Third party functions
Our site, like most websites, includes functionality provided by third parties. A common example is an embedded YouTube video. Disabling these cookies will likely break the functions offered by these third parties
Social Website Cookies
So you can easily “Like” or share our content on the likes of Facebook and Twitter we have included sharing buttons on our site.
Cookies are set by:
The privacy implications on this will vary from social network to social network and will be dependent on the privacy settings you have chosen on these networks.
We have a number of partners who promote our service on a success-only basis (i.e. instead of paying for advertising, we pay them commissions on sales). Cookies are required to allow us to reward these partners and these cookies are usually provided by specialist companies (known as affiliate networks). Neither us, the networks, or the partner advertising or recommending our services are able to identify you personally. We ask you to support us by allowing these cookies which ultimately help us to offer you the service we do at the price we do. Our affiliate cookies are provided by Affiliate Traction.
Turning Cookies Off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies (Learn how here). Doing so however will likely limit the functionality of ours and a large proportion of the world’s websites as cookies are a standard part of most modern websites
It may be that you concerns around cookies relate to so called “spyware”. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive. Learn more about managing cookies with antispyware software.
Information we may collect from you
We may collect and process the following personal information about you:
- information (such as your name, email and postal address, telephone number, height, weight, age, sex, dietary needs, exercise programs, Body Mass Index (BMI), and PAR Q forms that you provide by completing forms on the Site or Application, including if you register as a user of the Site or Application, subscribe to our newsletter, upload or submit any material via the Site or Application, or request any information;
- in connection with an account sign-in facility, your log-in and password details;
- details of any transactions made by you through the Site or Application;
- communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site or Application;
- information from surveys, promotions and competitions that we may, from time to time, run on the Site or Application, if you choose to respond to, or participate in, them;
- technical information from your mobile device relating to the service you receive;
- information relating to your real time location; and
- information that you post in the form of comments or contributions to discussions.
You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
We may, from time to time, run referral programmes or similar initiatives, such as a “Refer a Client” programme, that invite you to provide us with the contact details of someone who is known to you who may find our products or services to be of interest. We will only use those contact details for the purpose of the relevant initiative (and not for general marketing purposes). Any referral information that you provide will not be made available to other users of the Site or Application. By providing us with their details, you confirm that you have their permission to do so and you must not provide us with the details of anyone from whom you do not have such permission. We reserve the right to identify you as the person who made the referral in the message that is sent to them.
Uses made of your information
We will use the personal information you provide to:
- identify you when you sign-in to your account;
- enable us to administer your account, process your orders and to provide you with the services and information offered through the Site and which you request;
- verify and carry out financial transactions in relation to payments and subscriptions you make through the Site or the Application;
- analyse the use of the Application the Site and, in relation to the Site, the people visiting in order to improve our content and services including research into our users’ demographics and tracking of sales data;
- collect your real time location to provide location services requested by you in order to allow tagging and to check-in clients, personal trainers or others. This feature will only be made available to you if you chose to opt-in to use it. This information may be shared with third parties for their separate use but you may opt out at any time from allowing further access by us to your location data in the options menu of the Application or the settings menu of your mobile device. You can also stop all information collection by uninstalling an Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the Application market place network.
- send you information we think you may find useful or which you have requested from us, including receipt of marketing communications such as our periodic newsletter provided you have indicated that you are happy to be contacted for these purposes; and
- allow, with your consent, carefully selected third parties to send you information directly which you may find useful regarding their products and services.
When you visit the Site or access or use any Application, we may automatically collect additional information about you, such as the type of internet browser or mobile device you use, any website from which you have come to the Site or Application and your IP address (the unique address which identifies your device on the internet) and your operating system, which are automatically recognised by our web server. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Site or Application and to collect broad demographic information for aggregate use.
In addition to cookies we may use the following similar technologies in respect of your use of the Site or Applications:
- Web beacons – these are small image files that may be placed by us or third parties in respect of your use of the Site or within the body of our newsletters so we or third parties can understand which parts of the Site are visited or whether particular content is of interest.
- Application specific tracking
We may disclose aggregate statistics about visitors to the Site and users of the Application (customers and sales) in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Site or the Application, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.
In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.
We may disclose your personal information if legally entitled or required to do so (for example if required by law or by a Court order or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or Applications or the rights, property or personal safety of any person).
The Site and Applications may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and never disclose your personal information.
We do not offer website services to minors. Our website is for customers above 18 years of age.
The Site and Applications may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.
We offer two payment options:
- Bank Deposit; and
- Credit/debit card payment
Customers paying by bank deposit must make their payment using electronic transfer and quote their HempElf order number as the reference for the payment. We will never request your bank details when you are making a bank payment.
For customers pay with a debit or credit card, their payments are captured through our payment solution provider Quickpay. Customers credit or debit card information is not captured by Hempelf and entered directly into the Quickpay portal, who operate a secure server for processing payment details. Information supplied to Quickpay is not within the control of HempElf and is subject to the Quickpay privacy policies, terms and conditions.
We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site or Application whilst it is in transit over the internet and any such submission is at your own risk.
It is advisable to close your browser or the Application when you have finished your user session to help ensure others do not access your personal information.
Data storage and international transfers
Information that you submit via the Site or Application is sent to and stored on secure servers operated by Shopify. By submitting information via the Site or Application, you agree to this storing, processing and/or transfer.
In addition, if you use our services while you are outside the EU, your information may be transferred outside the EU in order to provide you with those services.
You have a legal right under the Data Protection Act 1998 to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding the prescribed fee permitted by law. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.